PERTH · WESTERN AUSTRALIA
Medical Negligence Lawyers Perth
When healthcare falls below the standard the law requires, we hold it to account.
CIVIL LIABILITY ACT 2002 (WA) — S 5PB · STANDARD OF CARE
In plain terms: a health professional in Western Australia is judged against what their professional peers widely accept as competent practice at the time of treatment.Confirmed as a standard of care, not merely a defence, in Child and Adolescent Health Service v Mabior [2019] WASCA 151.
THE LAW IN WESTERN AUSTRALIA
What is medical negligence under WA law?
Medical negligence occurs when a doctor, nurse, hospital or other health professional fails to exercise reasonable care and skill, and that failure causes you injury, loss or damage.
In Western Australia, medical negligence claims are governed principally by the Civil Liability Act 2002 (WA), which sets out the general principles of negligence (s 5B), causation (s 5C), and, uniquely among Australian states, a dedicated statutory standard of care for health professionals (s 5PB). Time limits are governed by the Limitation Act 2005 (WA).
A “health professional” under the Act (s 5PA) covers medical practitioners, nurses, midwives, dentists, physiotherapists, psychologists and other registered providers, so claims can be brought against individual practitioners, clinics, and public or private hospitals.
CIVIL LIABILITY ACT 2002 (WA) — S 5O · DUTY TO WARN
There is generally no duty to warn of an obvious risk, but that exception does not protect professionals providing a professional service. Health practitioners must still warn patients of material risks, consistent with the High Court’s decision in Rogers v Whitaker (1992).Failure to warn and failure to obtain informed consent remain among the most common grounds for successful claims.
WHAT YOU MUST PROVE
Every successful claim establishes four elements
Each supported by independent expert medical evidence:
Duty of care
The health professional owed you a duty, established by the treating relationship.
Breach of the standard
The care fell below what peer professional opinion widely accepts as competent practice: ss 5B and 5PB, Civil Liability Act 2002 (WA).
Causation
The breach caused or materially contributed to your harm: s 5C. This is often the hardest fought element.
Damage
You suffered injury, loss or damage: physical, psychological, or financial, assessed under Part 2 of the Act.
LIMITATION ACT 2005 (WA)
Strict time limits apply to WA claims
Miss the limitation period and your claim may be barred no matter how strong it is. The clock is governed by the Limitation Act 2005 (WA), and it starts earlier than many people expect.
3 years
The general rule: a personal injury action cannot be commenced once three years have elapsed from when the cause of action accrued, broadly, when you became aware (or ought to have become aware) of the injury and its connection to the treatment.
ss 14 & 55
Birth claims
Special provisions apply to certain personal injury actions relating to childbirth, critical in obstetric and birth trauma claims, where injuries such as cerebral palsy may only be understood years later.
s 7
Extensions
A court may extend time to commence a personal injury action in limited circumstances, for example where key facts were not, and could not reasonably have been, known within the period. Extensions are discretionary and never guaranteed.
ss 39–41
Disability
Time may be suspended while a person with a mental disability, including an acquired brain injury, is without a guardian, a protection that matters in catastrophic injury claims.
ss 35–36
The safe course is always the same: get advice as soon as you suspect something about your treatment was not right. A free consultation costs nothing and protects your position.
CLAIM TYPES WE ACT IN
Types of medical negligence in Australia
These are the most common categories of medical negligence claims being brought today. If your situation isn’t listed, it doesn’t mean you don’t have a claim, talk to us.
Misdiagnosis & failure to diagnose
The single largest category of claims in Australia. Diagnostic error, including missed cancer, heart attack, stroke, sepsis and appendicitis, accounts for an estimated 140,000 errors each year nationally.
Delayed diagnosis
A correct diagnosis made too late, a delayed cancer diagnosis, a scan not followed up, pathology results not actioned, can turn a treatable condition into a life-altering one.
Surgical errors
Wrong-site surgery, retained surgical instruments, nerve or organ damage, unnecessary procedures and negligent post-operative care. Surgery carries risk, but errors outside the known inherent risks may be negligent.
Birth injuries & obstetric negligence
Injuries to mother or baby during pregnancy, labour or delivery, cerebral palsy, hypoxic brain injury, shoulder dystocia, severe perineal tears, including failures to monitor, escalate, or offer a caesarean.
Cosmetic surgery negligence
The fastest-growing area of regulatory action. AHPRA’s cosmetic surgery crackdown has finalised over 200 notifications, with 35+ practitioners facing regulatory action. Botched breast augmentation, liposuction, facelifts and thread lifts can all found claims.
Failure to warn & informed consent
Doctors must warn of material risks before you consent (Rogers v Whitaker; s 5O(2)(c) CLA (WA)). Consent signed minutes before a procedure, or without real explanation, may not be valid consent at all.
Medication & prescription errors
The wrong drug, the wrong dose, a missed dangerous drug interaction, or a known allergy ignored, in hospital, at the GP, or at the pharmacy.
Anaesthesia errors
Incorrect dosing, failures in airway management or monitoring, and anaesthetic awareness (waking during surgery) can cause brain injury, nerve damage and severe psychological harm.
Hospital & emergency department negligence
ED patients sent home with undiagnosed serious conditions, treatment delays, falls in care, hospital-acquired infections and communication failures between treating teams.
GP negligence & referral failures
Failing to order tests, failing to refer to a specialist, not following up abnormal results, or dismissing red-flag symptoms over repeated visits.
Failure to treat & discharge errors
Premature discharge, inadequate post-operative monitoring and aftercare failures that let a manageable complication become a catastrophic one.
Psychological injury claims
Recognised psychiatric injury caused by negligent treatment, or by the loss of a loved one, may be compensable as mental harm under Part 1B of the Civil Liability Act 2002 (WA).
HOW A CLAIM WORKS
The path from first call to resolution
1
Free case review
Tell us what happened. We assess whether the treatment may have breached the s 5PB standard and confirm your limitation position, at no cost and no obligation.
2
Records & expert opinion
We obtain your complete medical records and brief independent specialists to report on breach and causation. We fund these disbursements under our no win, no fee agreement.
3
Claim & negotiation
We notify the claim, engage with the practitioner’s insurer, and push for resolution at settlement conference or mediation, where most claims resolve.
4
Settlement or court
If the insurer won’t pay what the claim is worth, we issue proceedings and run your case to judgment. You pay nothing unless you win.
FAQ · FREQUENTLY ASKED QUESTIONS
Medical negligence claims, answered simply
What is medical negligence?
Medical negligence occurs when a health professional’s care falls below the standard the law requires and that failure causes you injury, loss or damage. In WA, that standard is set by s 5PB of the Civil Liability Act 2002 (WA): care is measured against what the practitioner’s peers widely accept as competent professional practice.
How long do I have to make a claim in WA?
Generally three years, under s 14 of the Limitation Act 2005 (WA). Different rules apply to children (ss 30–33), people with a mental disability (ss 35–36) and certain childbirth claims (s 7), and a court can extend time in limited circumstances (s 39). Don’t wait, get advice as soon as you suspect something was wrong.
How much does it cost?
Nothing upfront, and nothing at all unless you win. We act on a no win, no fee basis and fund the expert medical reports and court fees your claim needs along the way.
Will I have to go to court?
Probably not. Most medical negligence claims settle at informal conference or mediation. We prepare every claim as though it will be tried, which is exactly what produces fair settlement offers, but the decision to accept any offer is always yours.
Is a bad outcome always negligence?
No. Medicine carries inherent risks, and s 5P of the Civil Liability Act 2002 (WA) confirms there’s no liability for harm from an inherent risk that couldn’t be avoided with reasonable care. The question is whether your care fell below the peer professional standard, and whether that failure caused your harm.
What will I need to prove?
Three things, each with independent expert evidence: that the standard of care was breached (ss 5B, 5PB); that the breach caused your harm (s 5C); and that you suffered compensable injury, loss or damage. We build all three for you.
Can I claim for my child?
Yes. Parents and guardians can bring claims on behalf of injured children, and the Limitation Act 2005 (WA) gives minors extended limitation periods, with special provisions for childbirth-related injuries. Because these rules are technical, seek advice early.
How much compensation could I receive?
It depends on your injury and how it affects your life. Compensation can cover treatment costs, lost earnings (past and future), care and assistance, and general damages for pain and suffering, which Part 2 of the Civil Liability Act 2002 (WA) subjects to annually-indexed thresholds and caps. We’ll give you a realistic range once we understand your claim.
What does a medical injury lawyer in Perth do?
A medical injury lawyer in Perth can assess whether there may be a claim where a healthcare provider has breached their duty of care and that breach has caused compensable loss. A lawyer may obtain relevant medical records and, where appropriate, arrange independent expert evidence. Depending on the circumstances, they can also advise on time limits, the strengths and risks of the matter, and the available options for resolving the dispute (which may include negotiation, alternative dispute resolution, or court proceedings).
FREE · CONFIDENTIAL · NO OBLIGATION
Something about your treatment wasn't right?
You don’t need to be sure it was negligence, that’s our job to work out. Time limits apply, so talk to us today.