How Long Do Medical Negligence Claims Take in Australia?
When medical treatment goes wrong, you deserve justice and compensation. If you’ve been harmed by a doctor’s error or hospital oversight, you’re likely wondering: how long does a medical negligence claim take in Australia?
You’re in safe hands with PK Simpson. Since 1977, we’ve helped over 25,000 everyday Australians navigate this process, and we’re the only personal injury law firm with a dedicated client services department to support you every step of the way.
Most claims resolve in 12–18 months. Some complex cases may take 2–3.5 years. We’ll explain exactly what affects your timeline so you can set realistic expectations and focus on recovery.
Call 1300 757 467 today for a free consultation. We operate on a genuine No Win No Fee basis and pay for all your medical reports upfront, so there’s no financial risk to you.
Understanding the Stages of a Medical Negligence Claim Process
Before we discuss timelines, here’s how the process works. Each stage builds evidence to prove duty of care, breach, causation, and damages, essential for successful medical negligence claims.
1. Initial Consultation and Evidence Gathering (1–3 Months)
Start with a free assessment. We review your medical records, history, and circumstances. This includes requesting hospital notes and scans.
We pay for all medical reports upfront—no cost to you.
2. Expert Medical Assessments (3–6 Months)
Independent specialists examine you and provide expert opinions on whether your care fell below acceptable standards. This is crucial, as how long it takes for a medical negligence claim often depends on securing strong expert input.
Our dedicated client services team keeps you updated throughout this stage.
3. Notification and Negotiation (6–12 Months)
We serve a formal claim on the provider or insurer. Most cases settle here through offers or mediation, avoiding court entirely.
4. Court Proceedings (If Needed, 12–24+ Months)
Rare, but involves hearings and trials in courts like the Supreme Court of NSW. Even when cases proceed to court, many resolve on the hearing day.
Want to discuss your case? Call our team on 1300 757 467 or contact us online. We’re here to help.
Average Timelines: How Long Do Medical Negligence Claims Take?
On average, how long do medical negligence claims take from start to settlement?
Straightforward cases: 12–18 months when liability is clear and injuries have stabilised (reached “maximum medical improvement”).
Complex cases: 2–3.5 years. These involve delayed cancer diagnosis, birth injuries, or ongoing treatment needs.
| Stage | Typical Duration | Notes |
|---|---|---|
| Consultation & Records | 1–3 months | Faster with organised documents |
| Expert Reports | 3–6 months | Delays if specialists are heavily booked |
| Negotiation/Mediation | 6–12 months | 98% of cases settle here |
| Court (Rare) | 12–24 months | Includes hearings and judgment |
Time Limits Apply
In NSW and most Australian states, you generally have 3 years from the date of injury or discovery to file a claim. There’s also a 12-year “long-stop” limit under the NSW Limitation Act 1969.
Act soon to preserve evidence. The earlier you contact us, the stronger your case.
Factors That Influence Your Medical Negligence Claim Timeline
Several elements can speed up or slow down how long does a medical negligence claim take:
- Injury Severity: We wait for your condition to stabilise. Rushing leads to undervalued settlements.
- Evidence Complexity: Misdiagnosis cases need multiple expert opinions. Surgical errors may require detailed causation proof.
- Defendant Response: Insurers often make lowball offers initially. Quick liability admissions shorten timelines.
- Your Readiness: Delays in providing information or attending medical exams can extend the process.
Pro tip: Early legal advice maximises efficiency. We handle everything so you don’t have to worry about the legal side while recovering.
We represent anyone who has a viable compensation claim, regardless of how large or small. Speak to our lawyers at PK Simpson today on 1300 757 467.
Success Rates: What Are the Odds for Successful Medical Negligence Claims?
Good news: Successful medical negligence claims are achievable.
National data shows a 59% overall success rate. At specialist firms like PK Simpson, rates climb to 98–99% thanks to rigorous evidence vetting and our proven approach.
Why are we so successful? We only proceed with viable claims. Our experience—backed by over 25,000 successful cases since 1977—means we know exactly what makes a winning case.
What Boosts Your Odds?
- Strong evidence (medical records showing clear breach)
- Experienced lawyers negotiating settlements
- No Win No Fee reduces financial risk
- Expert medical opinions supporting your claim
Here’s proof of our track record: 7 out of 10 of our clients are referred by current clients. That’s the kind of trust and results we deliver.
How Many Medical Negligence Cases Go to Court in Australia?
Thankfully, how many medical negligence cases go to court? Very few.
Only about 2% of cases proceed to trial. That means 98% settle out of court through negotiation or mediation.
Court is reserved for disputed liability or high-value claims involving lifelong disability. Even then, many resolve on the hearing day.
Mediation methods like Informal Settlement Conferences in NSW keep things efficient and stress-free. You’re in safe hands throughout the process.
Reasons for Unsuccessful Medical Negligence Cases
Not every claim succeeds. Understanding the common pitfalls helps you avoid them.
Common Reasons for Unsuccessful Medical Negligence Cases:
- Failure to Prove Causation: It’s sometimes hard to directly link the breach to your harm (known as “loss of chance” scenarios).
- Time Limit Exceeded: Missing the 3-year window bars your claim entirely.
- Insufficient Evidence: No expert opinion or incomplete medical records.
- Contributory Negligence: If your own actions partly caused the injury, it may reduce or deny compensation.
We screen cases early to avoid these issues. Only viable claims proceed, so you never waste time on a case that won’t succeed.
Contact PK Simpson on 1300 757 467 for an honest assessment of your claim.
Setting Realistic Expectations for Your Claim
At PK Simpson, we prioritise transparency. While timelines vary, our proven approach and dedicated client services team make the journey smoother.
What Can You Expect?
Compensation typically covers:
- Lost wages and future earning capacity
- Medical costs (past and future treatment)
- Pain and suffering
- Care and assistance needs
Moderate cases often result in compensation of $100,000 or more. Complex cases involving permanent disability can reach significantly higher amounts.
We pay for all your medical reports upfront—so you can focus on recovery while we handle the legal work.
As the only personal injury law firm with a dedicated client services department, we keep you informed and supported throughout your claim. You’ll always know what’s happening with your case.
Serving Sydney and Regional NSW
We help everyday Australians across Sydney, Newcastle, Wollongong, Parramatta, Liverpool, and Campbelltown.
With over 45 years of experience since 1977, we understand the NSW legal system inside out. We’re here for you—wherever you are in our service areas.
Ready to start your claim? Call our medical negligence team on 1300 757 467 for a free, no-obligation consultation.
You’re in safe hands with PK Simpson.
Frequently Asked Questions
Typically 12–18 months for straightforward cases, but up to 3 years for complex matters involving ongoing treatment or disputed liability.
Common reasons include inability to prove causation (linking the breach directly to harm), exceeding time limits, insufficient evidence, or contributory negligence on the claimant’s part.
Common reasons include inability to prove causation (linking the breach directly to harm), exceeding time limits, insufficient evidence, or contributory negligence on the claimant’s part.
Yes, we’ve secured significant compensation in cases like delayed cancer diagnosis (often $750,000+), surgical errors, misdiagnosis, and birth injuries. Each case is unique.
It’s possible, but it can delay your case. If you’re unhappy with your current lawyer, contact PK Simpson on 1300 757 467 to discuss a seamless transition. We’ll review your case and advise honestly on the best path forward.