Key points
- Time limits differ: in Queensland, generally 3 years from when the claim arose; in NSW and Victoria, 3 years from when it became discoverable, with a 12-year long-stop.
- Queensland requires notices first: an initial notice, a notice of claim with a medical specialist's report, and a compulsory conference.
- All three states protect a professional who acted as widely accepted by peers as competent practice, but not for warnings about risk.
- Pain and suffering caps: Queensland $494,150 (injuries from 1 July 2026); NSW $804,000 (from 1 October 2025, and only from 15% of a most extreme case); Victoria $783,000 (from 1 July 2026, for a significant injury).
- Lost earnings are capped at 3 times average weekly earnings in all three states.
- Health complaints bodies cannot order compensation. A claim, negotiated or decided by a court, is how negligence is compensated.
- For advice about a possible claim, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in your state for a fixed $295.
In Queensland a medical negligence claim generally must be brought within 3 years of when it arose, while in NSW and Victoria the limit is 3 years from when it became discoverable, with a 12-year long-stop; pain and suffering damages are capped at $494,150 in Queensland (injuries from 1 July 2026), $804,000 in NSW (from 1 October 2025) and $783,000 in Victoria (from 1 July 2026).
Checked on 23 October 2026 against Queensland's, New South Wales' and Victoria's civil liability, limitation and legal profession laws (NSW's through recent court judgments, because its legislation website could not be read), the states' health complaints bodies, Ahpra and the legal aid commissions.
What a claim must prove
- A duty and a breach: in all three states, a professional is negligent only if the risk was foreseeable, not insignificant, and a reasonable person in their position would have taken precautions.
- Peer professional opinion: a professional who acted in a way widely accepted by peers as competent practice is protected unless the court rejects that opinion (as irrational in Queensland and NSW, also if contrary to a written law in Queensland, or as unreasonable in Victoria). The defence does not apply to warnings or information about risk.
- Causation: the negligence must have been a necessary condition of the harm.
- A bad outcome is not enough: Queensland and Victoria say there is no liability when an inherent risk, one that reasonable care cannot avoid, comes about, though a failure to warn of it can still be negligent.
Queensland, NSW and Victoria compared
| Queensland | New South Wales | Victoria | |
|---|---|---|---|
| Time limit | 3 years from when the claim arose | 3 years from when it is discoverable, 12-year long-stop | 3 years from when it is discoverable, 12-year long-stop |
| Peer opinion defence fails if the opinion is | Irrational or contrary to a written law | Irrational | Unreasonable |
| Threshold for pain and suffering | No threshold; assessed on a 0 to 100 scale | 15% of a most extreme case | Significant injury (more than 5% whole person impairment for most physical injuries) |
| Maximum for pain and suffering | $494,150 (injuries arising from 1 July 2026) | $804,000 (from 1 October 2025) | $783,000 (from 1 July 2026) |
| Lost earnings | Capped at 3 times average weekly earnings | Capped at 3 times average weekly earnings | Capped at 3 times average weekly earnings |
| Complaints body (no power to order compensation) | Office of the Health Ombudsman | Health Care Complaints Commission | Health Complaints Commissioner (agreed outcomes only) |
Read more: medical negligence in Queensland, in New South Wales and in Victoria. This page does not cover South Australia, Western Australia, Tasmania, the ACT or the Northern Territory, whose rules are set by their own laws.
Legal costs
- No win, no fee: in all three states an uplift fee for winning is capped at 25% of the legal costs in a court matter, and fees calculated as a share of your compensation are banned.
- Queensland: for a speculative personal injury claim, a lawyer cannot charge more than half of what you receive after refunds and outlays, unless the Law Society approves more.
- NSW: if $100,000 or less is recovered, the maximum costs for your lawyer's services are 20% of the amount or $10,000, whichever is greater.
Free help and complaints
| Service | Number | Hours |
|---|---|---|
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday, excluding public holidays |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
| Office of the Health Ombudsman (Qld) | 133 646 | 9:30am to 4pm, Monday to Friday |
| Health Care Complaints Commission (NSW) | 1800 043 159 | 9am to 5pm, Monday to Friday |
| Health Complaints Commissioner (Vic) | 1300 582 113 | 9:30am to 3pm, Monday to Friday |
Ahpra (1300 419 495) handles concerns about registered health practitioners. It regulates individual practitioners, not organisations, and cannot arrange compensation.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise on the time limit and any notices due, whether medical evidence is likely to support a claim, and what it may be worth. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against Queensland's Civil Liability Act 2003, Personal Injuries Proceedings Act 2002, Limitation of Actions Act 1974, Legal Profession Act 2007 and 2026 indexation notices; NSW's Civil Liability Act 2002 and Limitation Act 1969 as quoted in NSW judgments of 2022 to 2026 and as passed in 2002, and the Legal Profession Uniform Law; Victoria's Wrongs Act 1958, Limitation of Actions Act 1958 and Government Gazette of 30 June 2026; the Office of the Health Ombudsman, the Health Care Complaints Commission, the Health Complaints Commissioner, Ahpra, Legal Aid NSW and Victoria Legal Aid, on 23 October 2026.