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      How Much Compensation Can You Get For Medical Negligence?

      Quick answer

      How much compensation you get for a medical negligence claim depends on:

      • The severity of your injuries.
      • The state you live in.
      • The strength of your negligence claim.

      You’re entitled to medical negligence compensation for lost wages, medical expenses, domestic assistance, as well as the pain and suffering your injury has caused you.

      Below, we break down the types of medical negligence compensation you could receive. For a more accurate estimate, get in touch with our medical malpractice lawyers today. In a free consultation, we’ll explain whether you have a claim and how much compensation you could get.

      In depth answer

      How much compensation can you get for medical negligence?

      In a medical negligence case, there are a few types of compensation you can claim. These include your ‘economic’ losses (the actual cost of your injury) and your ‘non-economic’ losses (the negative impact of the injury on your life).

      In some states, non-economic losses do not have a specific dollar value attached, meaning could receive a substantial lump sum payment. In other states, there is a maximum amount of non-economic loss compensation you can get.

      Before starting your claim, it’s crucial to speak to an experienced medical negligence lawyer. We have a strong understanding of how medical negligence law differs between states and will ensure you receive maximum compensation for your injury.

      Medical negligence payouts in Australia: what you can claim

      Non-economic losses

      • Pain and suffering.
      • Loss of opportunity.

      Economic losses

      • Lost income (both past and future).
      • Lost superannuation (both past and future).

      Medical treatment and equipment

      • Medical treatment and expenses (both past and future).
      • Travel between home and medical treatment appointments.
      • Modifications to your home and vehicle.

      Care and assistance

      • Professional in-home care or unpaid assistance by a loved one. This also includes loss of capacity to care for someone who depends on you.

      In most medical negligence cases, you will be entitled to compensation for medical treatment and equipment. If you’ve been forced to stop work because of your injury or illness, you will also receive compensation for your economic losses.

      To be eligible for non-economic losses — as well as care and assistance — you must meet your state’s specific criteria.

      Below, you’ll find our state-by-state guide to medical negligence payouts.

      Medical negligence payouts NSW

      In NSW, the current maximum compensation for non-economic loss is $722,000. This amount was set on 1 October 2023 and increases every year according to inflation.

      Your compensation is calculated by comparing your injuries to the ‘Most Extreme Case’ (MEC). Your injuries must meet a minimum threshold of 15% of the MEC before you’re eligible for non-economic loss compensation. The exact amount you get depends on your MEC percentage.

      If your MEC is above 35%, you receive 1% of the maximum compensation for every 1% of the MEC. For example, an MEC of 50% would entitle you to 50% of the maximum compensation. Currently, this is $361,000.

      If your MEC is between 15 – 33%, your payout is based on the table in Section 16 of the Act. These calculations are similar to the 1% rule but increase in 0.5% increments instead.

      Importantly, if your MEC is below 15%, you can still claim for economic loss.

      Medical negligence payouts QLD

      In Queensland, your non-economic loss compensation (known as ‘general damages’) is determined by your Injury Scale Value (ISV). After your injuries are assessed by a medical expert, you will be given an ISV between 0 and 100.

      An ISV of 0 indicates that you have completely recovered, and your injury will have no lasting effects. An ISV of 100, on the other hand, is reserved for clients with severe, permanent incapacity, such as quadriplegia or a significant brain injury.

      Your total compensation is calculated by adding together your ‘base compensation amount’ (for past losses) and ‘variable compensation amount’ (for future losses).

      Your base compensation is an amount set out in the legislation and based on your ISV.

      In contrast, your variable compensation amount is calculated according to this formula: (ISV – 5) x $1,970.

      Say, for example, you have an ISV of 6.  Your base compensation amount is set at $8,450. Your variable compensation calculation is then (6 – 5) x $1,970, leaving you with $1,970. In total, you will receive $10,420.

      For the full compensation calculations table, see Schedule 7 of the Act.

      Medical negligence payouts VIC

      In Victoria, $713,780 is currently the maximum compensation for non-economic loss. This amount was set on 1 July 2023 and increases every year with inflation.

      At the start of your claim, your Whole Person Impairment (WPI) must be assessed by a medical practitioner. You are only entitled to compensation if your WPI is:

      • 5% or more (for spinal injuries).
      • Greater than 5% (for other physical injuries).
      • 10% or more for psychiatric injuries.

      In addition, certain ‘significant’ injuries automatically entitle you to a non-economic loss claim. These include:

      • Loss of a breast.
      • Loss of a foetus.
      • Psychiatric injury that results from losing a child before, during or immediately following birth.

      Once you’ve met the minimum requirements, the court will determine the amount of compensation you receive.

      Medical negligence payouts ACT

      In the ACT, there is no cap on the amount of compensation you can receive for non-economic loss.

      Whilst you don’t have to meet a minimum impairment threshold, your compensation is based on the impact of the injury on your life. The court will also look at previous decisions similar to your case.

      You can read more about the ACT’s limitations on non-economic loss in section 139F of the Act.

      Medical negligence payouts WA

      Unlike other states, Western Australia has no limit on compensation for non-economic loss. However, you must meet two minimum thresholds to be eligible for compensation:

      1. Your Whole Person Impairment (WPI) must be assessed at 5% or more. If you’re under this, you can only claim for economic losses.
      2. Your claim value must be $23,500 or more.

      Once you’ve met both thresholds, your total compensation depends on exactly how much your claim is worth:

      • $23,500 – $68,000: you receive the value of your claim minus $23,500.
      • $68,000 – $91,500: you receive the value of your claim minus a percentage of the first $23,000.
      • $91,500 and over: you receive the exact value of your claim

      The only exception is if you’re making a ‘gratuitous services’ claim. These are unpaid domestic tasks such as childrearing, cleaning and cooking. In this case, the minimum claim value is only $7,000.

      Medical negligence payouts SA

      In South Australia, $406,420 is currently the maximum compensation for non-economic loss. This amount applies to claims in 2023 and increases each year with inflation.

      To be eligible for compensation, you must meet one of two requirements:

      • The injury ‘significantly impacted’ your life for at least 7 days, or
      • Your medical expenses have reached the ‘prescribed minimum’ (currently $4,720).

      Once you’ve met either requirement, your injuries will be examined by an independent medical practitioner. They will assign you an Injury Scale Value (ISV) between 0 and 60.

      Your total compensation is then determined by a sliding scale outlined in Part 8 of the Act.

      Medical negligence payouts TAS

      Tasmania has no cap on non-economic compensation.  However, you will need to meet a minimum claim value threshold of $6,000.

      For claims worth between $6,000 and $35,000, your compensation is based on the following calculation: (your claim value – $6,000) x 1.25.

      For claims worth over $35,000, you’re entitled to that exact amount of compensation. This figure was set on 1 July 2023 and increases annually with inflation.

      If your claim is worth less than $6,000, you’re only entitled to compensation for economic loss.

      Examples of medical negligence payouts Australia

      From our experience, case studies make understanding medical negligence compensation much easier. Let’s explore Lily’s story to see how the process works. For more examples of medical negligence payouts in Australia, check out our helpful guide.

      Lily developed severe depression and PTSD after her husband, Albert, passed away due to negligent hospital treatment. Albert first visited the hospital with calf pain, shortness of breath, and a rapid heart rate but was discharged after only 2.5 hours. When he returned the next day with similar symptoms, tests revealed a major blood clot and heart strain, but tragically, he suffered a fatal heart attack shortly after.

      Our medical negligence team helped Lily secure compensation for her psychiatric injury, including the loss of financial support and domestic services. An expert emergency physician confirmed that proper investigations during Albert’s visits would have prevented his heart attack. At mediation, we successfully negotiated Lily a payout of $900,000.

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