What type of compensation can I claim in a medical negligence claim?
Medical Negligence
2 February 2026
min read
The type of damages awarded in medical negligence claims are regulated by the Civil Liability Act 2002 (NSW) (CLA).
Under the CLA, payment for non-economic loss is only if the injuries sustained exceed 15% of a most extreme case. If you do not have 15% of a most extreme case, then you are not entitled to claim any non-economic loss damages.
However, you will still be able to claim compensation for economic loss and medical expenses.
It doesn’t matter when the loss will occur or how much the loss will be, if there is a “possibility” then compensation should be awarded.
What type of compensation can I claim in a medical negligence claim?
If you think you may be able to make a medical negligence claim, the damages you may be entitled to include:
- Economic and/or
- Non-economic loss.
What are damages for economic loss?
- Payment of past and future medical expenses including hospital, reconstruction/replacement surgery, prosthesis, and rehabilitation expenses;
- Reasonable and necessary attendant care, domestic assistance, and home modification expenses;
- Other reasonable and necessary expenses incurred as a result of your injuries;
- Past loss of income
- Calculate at your pre-injury rate for the time you were unfit for work as a result of your injury
- Future loss of income
- If an injury is likely to affect your ability to earn money now or any time in the future up until retirement age the amount of compensation is usually payable.
Again, the amount payable will depend upon the full nature and extent of your injury and its impact on your capacity to earn.
How do I know if I exceed 15% of a most extreme case?
Your lawyer will have you assessed by a medical professional to determine whether you are eligible to claim non-economic loss damages. Damages will be awarded for future economic loss if there is a “possibility” that there will be economic loss in the future.
What are damages for non-economic loss?
Damages for non-economic loss are payable for:
- Pain and suffering
- loss of enjoyment of life
How do I know if I exceed 15% of a most extreme case?
Your lawyer will have you assessed by a medical professional to determine whether you are eligible to claim non-economic loss damages. If you have been injured and think you are eligible to make a medical negligence claim contact Garling & Co lawyers to discuss the damages, you may be entitled to.
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