Can You Sue a Hospital for Medical Negligence in NSW?

Introduction

A medical negligence claim can potentially arise from treatment provided in a hospital. Whether a claim exists depends on what occurred, who was responsible for the care and whether any failure caused harm.

Examples

Issues can include delayed diagnosis, failure to monitor deterioration, medication errors, inadequate treatment, failure to refer, surgical care or premature discharge.

Public and private hospitals

The correct legal entity and procedure can differ depending on the hospital and the people involved in the treatment. This is one reason early legal assessment can be useful.

Evidence

Hospital records, test results, imaging and independent expert evidence may be required to determine whether the care fell below the reasonable standard.