Straight advice on your options after harm from medical care in Western Australia
If something went wrong with your medical care in Perth, you usually have more than one option, and a court claim is not always the first or best step. This page sets out the free complaints route through HaDSCO, when a No Win, No Fee claim makes sense, the strict legal test you have to meet in Western Australia, and the time limits that apply.
Soul Legal’s directors have practised personal injury law in WA since 1991 and 1997. We will tell you honestly where you stand, what your realistic options are, and whether a claim is worth running, at no cost and no obligation.
A poor result is not proof of negligence. To have a claim in Western Australia, you generally have to show four things: a healthcare provider owed you a duty of care, the care fell below the standard a competent provider would have met, that failing caused your injury, and you suffered real harm or loss because of it.
The hardest part is almost always causation: proving the harm came from the provider’s failing, and not from your underlying illness or a known risk of the treatment. That is why independent expert medical evidence decides most of these cases, and why some genuinely distressing experiences do not meet the legal test. The standard of care and the causation test in WA are set out in the Civil Liability Act 2002 (WA), specifically sections 5B (duty of care), 5C (causation), and 5PB (standard of care for health professionals).
Section 5PB is the one that trips people up. A doctor isn’t negligent just because another doctor would have done something different. Under 5PB, the care is not negligent if it’s in accordance with a practice widely accepted by the professional’s peers as competent. The exception: if that practice is so unreasonable that no reasonable professional would follow it. And 5PB doesn’t protect a doctor who failed to warn you about a material risk of a procedure. That’s a separate duty.
If you are not sure whether your situation crosses that line, that is exactly what a free assessment is for. We would rather tell you early that a claim is unlikely than have you spend months on one that cannot succeed.
Before you commit to a compensation claim, you can raise your concern for free through the Health and Disability Services Complaints Office (HaDSCO), Western Australia’s independent body for complaints about health, mental health and disability services. It is free, impartial and confidential, and far more people use it than ever go to court.
In 2024-25, HaDSCO received 3,257 complaints, a 13% increase on the year before, and closed 3,076. It facilitated 584 redress actions for patients, including 390 explanations, 93 apologies and 45 instances of financial redress. Of 89 recommendations it made to providers to improve their services, 88 were accepted.
HaDSCO is the better first step when what you want is an explanation, an apology, your medical records, or a change so the same thing does not happen to someone else. A compensation claim is the path when the harm is serious and lasting and you have real financial loss. The two are not mutually exclusive: HaDSCO generally deals with issues from the past two years, raising a complaint does not stop you bringing a claim later, and the records and explanations it obtains can help you understand what actually happened. Where a complaint involves a registered practitioner, HaDSCO consults the Australian Health Practitioner Regulation Agency (AHPRA); it did so on 302 matters in 2024-25.
Most pages in this market send you straight to a claim. We would rather you knew about the free route first, and then decided.
What counts as medical negligence in WA
Medical negligence covers any care that falls below the accepted standard and causes harm. The situations we are asked about most often are:
Whether any of these amounts to a claim still comes back to the four-part test in the section above, and to what the expert evidence shows.
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Soul Legal maintains an established history of hundreds of successful claims representing millions of dollars in compensation settlements
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In Western Australia you generally have three years to start a medical negligence claim, under the Limitation Act 2005 (WA). The detail that catches people out is when the three years begins. It does not always run from the date of the treatment.
Where the injury was not reasonably discoverable at the time, the clock can instead run from when you knew, or ought reasonably to have known, three things: that you were injured, that the injury was caused by someone’s act or omission, and that it was serious enough to justify a claim. On top of that, WA applies a 12-year long-stop from the act or omission, there are special rules that can extend time for children and people under a legal incapacity, and there is no limitation period for claims relating to child abuse.
This is not theoretical. In LTP v Natalwala [2023] WASC 414, the Supreme Court of Western Australia allowed a claim about surgery from years earlier to proceed, because the patient only understood the cause of her injury after she received a detailed expert report in 2021. Earlier reports had been too vague to start the clock.
These arguments turn on evidence and are not guaranteed to succeed, so if you think you may be out of time, get advice early rather than assuming the door is closed.
No Win, No Fee means you generally do not pay Soul Legal’s professional fees if your claim is unsuccessful. It does not mean a claim is free of cost or risk, and being clear about that up front matters.
Here is how it works in practice:
Expect a claim to take years, not months. A proper assessment of what you are owed often cannot be made until your injuries have stabilised and your doctors can describe the long-term picture. For serious injuries that can be a year or more.
The 4-Question Merit Check
Before you call anyone, you can pressure-test your own situation with the four questions a lawyer will work through. We call it the 4-Question Merit Check.
Most people answer yes to Questions 1 and 4 easily and stop at Questions 2 and 3. That is the right instinct, because breach and causation are exactly where independent expert evidence decides a case. A yes to all four is not a promise of success. It means your situation is worth assessing properly, and it is a sensible point to book a free assessment.
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If you’ve been injured because of a faulty product or due to a hazard in a public place, you may be entitled to make a claim. Many people slip or trip due to hazards in public places every year.
If you suffer an injury at work or whilst travelling between work locations, you may be eligible to make a workers compensation claim.
Injured in a car accident, truck accident, cycling accident, motorbike accident or quad bike accident, whether the incident was your fault or not, you may have a claim for compensation.
Why people choose Soul Legal
Experienced WA litigators. Kevin Wong has practised personal injury law in Western Australia since 1991, including appearances in the District Court, Supreme Court, Federal Court, and the High Court. Rebecca Sorgiovanni has practised since 1997, with appearances across the Supreme Court (Court of Appeal), District Court, Administrative Appeals Tribunal, State Administrative Tribunal, Fair Work Commission, WorkCover WA, and the Coroner’s Court. Between them, they’ve handled claims from minor soft-tissue injuries through to multi-million-dollar catastrophic disability cases.
Named case law. Kevin was instructing solicitor in De Sales v Ingrilli [2002] HCA 52, a High Court decision that abolished the discount for the chance of remarriage in dependency claims for widows. Rebecca established new law in Re Her Honour Judge Schoombee; Ex Parte Attorney General for Western Australia [2011] WASCA 129. These aren’t generic “hundreds of successful claims” boilerplate. They’re reported decisions that changed how the law works in this area.
On the Legal Aid Panel, which helps clients who can’t fund disbursements in meritorious claims.
You deal directly with a qualified lawyer, not a call centre. And we can visit you at home or in hospital if you can’t travel.
Two offices: Perth CBD (Suite 2/22 St Georges Terrace) and Baldivis (17 Baskerville Cres).
No Win No Fee on accepted claims, with the costs explained before you commit.
Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm
Is every bad medical outcome negligence?
No. Medicine carries risk, and a poor result on its own is not negligence. You have to show the care fell below the accepted standard and that this caused your harm. Many difficult outcomes do not meet that test.
How long do I have to make a claim in WA?
Generally three years under the Limitation Act 2005 (WA), but the clock can start from when you reasonably discovered the injury and its cause rather than the treatment date. A 12-year long-stop applies, and different rules can apply for children and people under a legal incapacity. If you might be out of time, get advice quickly.
Does No Win, No Fee mean it costs me nothing?
It means you generally do not pay our professional fees if the claim fails. You may still need to fund disbursements, such as expert medical reports, while the claim runs. Soul Legal is on the Legal Aid Panel, and Legal Aid will often cover disbursements for clients in meritorious claims who cannot afford them.
Should I complain to HaDSCO or make a claim?
If you want an explanation, an apology, your records or a service change, HaDSCO is free and is often the better first step. If you have serious, lasting harm and financial loss, a compensation claim is the path. You can use HaDSCO and still claim later.
How long does a claim take?
Usually years rather than months. A proper assessment often cannot be made until your injuries have stabilised, which for serious injuries can take a year or more.
What should I ask a firm before I hire them?
Fair questions to ask anyone, including us: how many WA medical negligence matters have you handled recently, what expert evidence will my case need and who provides it, what disbursements should I expect, and what is a realistic timeline. A firm that answers these plainly is a good sign.
What will I need to prove it?
Independent expert medical evidence on both the standard of care and causation. This is the core of a medical negligence case and the main reason it takes time and care to run.
Can you see me if I cannot travel?
Yes. You work directly with a qualified lawyer, and in special cases where you cannot travel we can visit you at home or in hospital.
If you or someone close to you was harmed by medical care in Perth, the most useful first step is a clear, honest read on your options. We will tell you whether HaDSCO, a claim, or neither is the right path for your circumstances.
*At Soul Legal we only charge fees in personal injury claims if you are successful settling your claim or have a successful judgment (excluding disbursements). A Defendant may be able to claim costs against you if successful in defending an action brought by you
