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Patients often wonder if it is too late to make a claim if they have suffered injury due to medical negligence. Injuries may not be discovered until months or even years later, so it can be difficult to know what legal rights you have. The time limit for medical negligence claims in Victoria is generally 3 years, but there are certain exceptions.
Don’t assume it’s too late to lodge a claim. An experienced medical negligence lawyer can explore your rights and help you take legal action before the time limit expires.
Henry Carus + Associates have an in-depth understanding of complex medical negligence claims in Victoria. Call 03 9001 1318 today for a FREE, no-obligation consultation. We serve clients throughout Victoria from offices in Melbourne and other metro area communities.
What Is the Limitation Period for Medical Negligence in Victoria?
In Victoria, the Limitation of Actions Act 1958 is the legislation that sets time limits for personal injury claims, including medical negligence matters. Section 27D of the Limitation of Actions Act establishes a limitation period of 3 years for medical negligence claims and other personal injury actions.
The 3-year time limit for medical negligence claims in Victoria begins on the date the ‘cause of action’ (i.e., the right to make a claim) is discoverable. A cause of action is considered discoverable on the date that you know (or ought to know) the following facts:
- You are injured.
- The injury occurred due to the negligence of the defendant (in this case a doctor or other healthcare practitioner).
AND - Your injury is ‘sufficiently serious to justify the bringing’ of a medical negligence claim.
– Limitation of Actions Act 1958 – SECT 27F
Courts examine the conduct of the claimant in determining the date of discoverability. In medical negligence claims, the court may consider whether you completed all follow-up care, regularly saw a doctor, and took other steps that may have identified a medical error.
In the following video, Senior Associate Dino Beslagic discusses how long clients generally have to lodge a medical negligence claim:
Are There Exceptions to the Time Limit?
Yes, the law in Victoria does recognise exceptions to the medical negligence claim time limit. The following individuals have additional time to take legal action:
Children Under the Age of 18
If a minor child is injured as a result of medical negligence, a claim must be brought within 6 years of discovery. This additional time is critical for families with children who suffer birth injuries, as the signs of an injury may not be apparent until the child is several years old. It is also important for children injured as a result of pediatric negligence and other medical errors when they are young.
Read More: What Types of Medical Negligence Affect Children the Most?
Individuals Under a Disability
Additional time is provided to individuals who are under a disability when they are injured due to medical negligence. The Limitation of Actions Act defines disability as being of ‘unsound mind’. Medical negligence claims must be lodged within 6 years if the victim is a person under a disability.
What Is the ‘Long-Stop’ Time Limit?
The ‘long-stop’ date is the final deadline for bringing a personal injury claim. In Victoria, the long-stop time limit for medical negligence actions is 12 years from the date the injury occurred. Claims brought after the 12-year limitation period may be barred by the court, even if the injury could not have been reasonably discovered prior to that date. However, the court can also extend the period of limitations upon consideration of a number of factors.
What does the long-stop time limit mean for your medical negligence claim? Let’s look at an example:
- A patient (we’ll call her ‘Sheila’) had surgery in 2015. Unbeknownst to Sheila, the surgeon accidentally left a sponge inside her body.
- The sponge undergoes aseptic fibrous tissue reaction, resulting in little to no observable symptoms and no knowledge of the retained object on Sheila’s part.
- In 2025, Sheila develops an infection. Symptoms include pain and swelling at the surgical site.
- Sheila’s condition worsens, and she is eventually taken to hospital for septicaemia. Doctors perform imaging and discover the sponge that was left inside her 10 years ago. Surgery to remove the sponge is successful, though Sheila requires further hospitalisation, extensive rehabilitation, and is unable to work during her recovery.
- Knowing the original surgeon made a serious error, Sheila contacts a specialist medical lawyer to discuss her rights. Although the general 3-year limitation period has passed, an experienced lawyer may be able to argue that it falls within the long-stop time limit.
Sheila’s hypothetical surgical negligence claim should still be viable in theory. However, the surgeon, hospital, and their insurance companies would likely dispute such a claim on the basis that Sheila should have reasonably discovered the sponge before 10 years had passed. Patients need to be prepared for these arguments and entrust a lawyer who can effectively pursue an extension of the limitation period.
Bringing a Medical Negligence Claim Within Victoria’s Time Limit
If you suspect that a healthcare provider’s negligence caused you harm, you shouldn’t wait to speak with a lawyer who specialises in medical error claims. Swift action is essential for protecting your legal rights, ensuring that your claim is lodged within the time limit, and maximising the likelihood of a favourable outcome.
Medical errors require thorough investigation, ideally when potential proof of negligence may still be available. Your lawyer will work quickly to collect evidence and prove negligence on the part of medical professionals. This includes:
- Your medical records
- Medications you have been prescribed
- Consent forms for medical treatments, surgeries, etc.
- Bills for out-of-pocket medical expenses
- Documentation of lost earnings and loss of earning capacity
- Reports from doctors and other professionals documenting a significant injury
These and other forms of evidence enable your lawyer to establish fault on the part of the provider and calculate your entitlement to damages. Expert witness testimony can provide further support for your claim.
Contact Our Medical Negligence Lawyers Today
Henry Carus + Associates have extensive experience with Victorian personal injury law. We understand the challenges in bringing a medical negligence claim, but we don’t let these obstacles stop us from representing clients according to our philosophy of You Deserve More.
Concerned about the time limit for medical negligence claims in Victoria? Our team can get started right away, gathering all available evidence and consulting expert witnesses to prepare a strong claim on your behalf. We also handle negotiations with insurance companies and, if necessary, commence court proceedings. Our goal is to obtain the maximum compensation you deserve.
If you or someone you love has been injured due to medical negligence, call Henry Carus + Associates at 03 9001 1318 today. Your initial consultation is FREE and, with our No Win – No Fee policy, you don’t pay any fees until we win for you.
