Can I Sue NSW Public Hospitals for Medical Negligence?

Every healthcare professional—whether doctors, dentists, nurses, or physiotherapists—owes a duty of care to deliver the highest standard of treatment to every patient.

Medical negligence in public hospitals happens when these professionals fail to meet this standard, resulting in harm or injury to the patient. Known also as public hospital malpractice, this failure can severely disrupt a patient’s lifestyle, financial stability, and psychological wellbeing.

Common examples of negligence in public hospitals include:

• • Misdiagnosing conditions
  • Delaying critical treatment
  • Committing surgical mistakes
  • Failing to follow up on results or treatment plans
  • Administering incorrect medications, wrong dosages, or incompatible drugs
  • Neglecting to explain risks or address patient questions about side effects
  • Releasing patients prematurely.

Such instances of medical malpractice in public hospitals can lead to devastating outcomes, like chronic pain, permanent disabilities, worsening of existing conditions, or even death. Patients may also experience psychological trauma, such as anxiety, depression, or a deep-seated fear of seeking future hospital care.

The physical and emotional toll of medical negligence in public hospitals often diminishes a patient’s quality of life, making it challenging or impossible to work, socialize, or maintain independence. Many struggle to afford ongoing medical treatment, rehabilitation, or support services like domestic assistance—some even requiring lifelong care.

That’s why it’s critical to consult a medical specialist and seek legal advice from a medical negligence lawyer in NSW if you suspect you’re suffering due to negligence in a public hospital. Expert guidance can help you understand your options and pursue the compensation you deserve.

If a NSW public hospital has caused you injury or harm due to staff negligence, you may be entitled to claim compensation for medical negligence in public hospitals.
This can cover costs such as:

• • Medication and other treatments
  • Hospital fees
  • Rehabilitation
  • Assistive equipment
  • Travel to and from treatment.
    Depending on your circumstances, you might also claim for:
  • Lost income (past and future)
  • Pain and suffering (physical and mental)
  • Physical impairment or disability.
    Every case of negligence in public hospitals varies, so your eligibility depends on the type, extent, and severity of your injuries and losses.

• • Public hospitals are insured by the NSW Treasury Managed Fund, a government initiative to cover agencies for incidents like medical negligence in public hospitals.
  • Private hospitals arrange their own insurance, including medical malpractice coverage to protect against compensation claims.

Proving medical negligence in public hospitals requires solid evidence and must meet these criteria:

• • The hospital owed you a duty of care as a patient.
  • The hospital breached that duty by failing to provide reasonable care.
  • You suffered injury, loss, or damage.
  • The hospital’s negligence directly caused your harm.You’ll need expert evidence to show that the hospital’s failure in care led to your suffering. Note that complications after treatment or an undesired medical outcome don’t automatically qualify as public hospital malpractice—you must satisfy all the above conditions.

Starting Your Medical Negligence Claim

Before lodging a claim for medical malpractice in public hospitals, seek advice from an expert lawyer, like those at Main Lawyers, who can evaluate your case and guide you through the process.

They’ll advise on the medical records and evidence required to prove negligence in public hospitals. If you’re too unwell to gather these, your lawyer can handle it for you. They can also assist by:

• • Notifying the hospital of your intent to claim, detailing the incident and harm caused
  • Organising an independent medical assessment to verify your injuries and link them to negligence
  • Representing you in settlement negotiations with the hospital
  • Supporting you in court if no settlement is reached. Typically, you have three years from the date you discovered the injury and suspected hospital negligence to start legal action. For patients under 18 at the time of the incident, this timeframe begins on their 18th birthday.