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Australian injury guide

Medical Negligence and Clinical Records

A poor or unexpected outcome does not itself establish negligence. The usual assessment separates the treatment provided, the professional standard, causation and the loss said to result.

Obtain appropriate follow-up care

Prioritise current health needs. Ask a treating practitioner to record symptoms and history accurately, and seek urgent care when required. A compensation investigation should not delay treatment.

Build a neutral chronology

List consultations, tests, diagnoses, consent discussions, medication, procedures, discharge advice and later treatment. Mark uncertain dates rather than filling gaps from memory.

Request the relevant records

Ask the health service that holds the information about its access process. My Health Record can contain useful summaries, but it may not be the complete clinical file required for an assessment.

Ask how expert evidence will be approached

A firm should explain the proposed first investigation stage, which specialty may be relevant, likely expert and record costs, and when it expects to reassess prospects.

Sources and scope

OAIC — access your health information ↗

Australian Government — My Health Record ↗

Sources checked 25 September 2026. General information only. Check current state or territory legislation, scheme guidance and individual advice before acting on a time limit.

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