Health professionals have a duty to treat patients with reasonable care and skill.
What is medical negligence?
If you have been injured or suffered financial loss as a result of inadequate treatment or care, you may be able to make a claim for compensation (medical negligence claim).
Examples of inadequate treatment include:
- failure to diagnose or treat promptly
- failure to advise you of risks of procedures
- giving you the wrong medicine.
Medical negligence claims about cancer diagnoses and care are uncommon.
Time limits for filing a negligence complaint
In most states and territories, the time limit for making a negligence complaint is generally 3 years from the date the injury occurred. Exceptions may apply where an injury was not discovered until later.
Challenges of proving negligence
Proving negligence can be difficult, and you may need to go to court. The process can also be expensive.
Getting legal advice
If you think you may have a case, it’s important to get advice from a lawyer who specialises in medical negligence. To find a suitable lawyer, contact The Law Society of New South Wales or see Legal and workplace support.
→ READ MORE: Insurance, financial and workplace concerns
Podcast: Coping with a cancer diagnosis
Listen to more of our podcast for people affected by cancer
More resources
Prof Sarah Lewis, Faculty of Medicine and Health, The University of Sydney, NSW; Kevin Bloom, Senior Social Worker, Haematology and Bone Marrow Transplant, Royal North Shore Hospital, NSW; Danielle Curnoe, Consumer; Alana Fitzgibbon, Clinical Nurse Consultant – Gastro-Intestinal Cancers, Cancer Services, Royal Hobart Hospital, TAS; Hall & Wilcox (law firm); Johanna Jordaan, Consumer; Dr Deme Karikios, Medical Oncologist, Nepean Cancer and Wellness Centre, Nepean Hospital, NSW; Melissa Lawrie, Breast Cancer Clinical Nurse, Cancer Services, Gold Coast Hospital and Health Service, QLD; Jacqueline Lesage, Consumer Reviewer, Cancer Voices NSW; McCabe Centre for Law and Cancer, VIC; Louise Pellerade, 13 11 20 Consultant, Cancer Council WA; Andrew Potter, Consumer; Siân Slade, PhD Candidate, Nossal Institute for Global Health and Non-Executive Director (health, disability sectors), VIC; Paula Watt, Clinical Psychologist, WOMEN Centre, WA.
View the Cancer Council NSW editorial policy.
