clever legalClaims & Compensation
Free tool

Check the time limit on a medical negligence claim

Victoria gives most claims two dates: a three-year date that runs from when you knew enough to claim, and a twelve-year outer limit that runs from the treatment. Enter the dates you know and see both. Nothing you enter in the checker leaves your browser.

See an example

1 Who was injured?

Different periods apply to children and to people who could not manage their own affairs.

2 When was the treatment?

The twelve-year outer limit runs from the act or omission that caused the harm.

If you only know the month, pick the first day of it.

3 When did you first suspect the treatment caused the harm?

Optional. Without it the checker can only show the earliest the three-year date could be.

What this date stands for, and why it is only a starting point

The three-year period runs from the date the claim became discoverable. That is the first date you knew, or ought to have known, all three of these:

  • that you had been injured;
  • that the injury was caused by the fault of the practitioner or provider; and
  • that it was serious enough to justify bringing a claim.

A suspicion is not always the same as knowing. You are also treated as knowing what you would have found out by taking reasonable steps. So the real date can be later or earlier than the one you enter. A court decides it on the evidence.

Your dates
updates as you type

This checker is general information about Victoria, not legal advice. Nothing you enter in the checker leaves your browser: the dates are worked out on your device and are not sent or saved. It uses the Limitation of Actions Act 1958 (Vic) as described in Time limits for medical negligence claims and Can you claim after 3, 10 or 20 years.

An adult generally has three years to bring a medical negligence claim in Victoria, running from the date the claim became discoverable rather than the date of the treatment. A twelve-year long-stop applies regardless of what you knew, and different rules cover children and people under a disability. A court can extend time where that is just and reasonable, but never as of course.

Which periods does the checker use?

Who was injuredThe two datesSection
An adultThree years from discoverability, or twelve years from the act or omission, whichever ends firsts 27D, s 27F
A child, or someone who lacked capacity at the timeSix years from discoverability, or twelve years from the act or omission, whichever ends firsts 27E, s 27J
A family member who has died (dependants' claim)Three years from discoverability, which cannot be before the death, or twelve years from the date of death, whichever ends firsts 27D, s 27F(4), s 27H
Treatment before 21 May 2003Transitional rules also apply, and different dates may results 27N

Section references are to the Limitation of Actions Act 1958 (Vic), authorised version 112, incorporating amendments as at 25 February 2026, checked on 24 September 2026. How the Act applies to a particular set of dates is fact-specific.

What does the checker not count?

  • A child not in a capable parent's custody. Section 27J suspends time for a minor only while they are not in the custody of a capable parent or guardian. The checker assumes the child was, which is the usual case.
  • Periods of incapacity. Incapacity lasting 28 days or more can suspend time under s 27J, unless a guardian authorised to sue was in place. The checker does not add that time back.
  • Treatment before 21 May 2003. The transitional rules in s 27N apply, and they cannot give a longer period than the law before 2003 would have allowed. The checker flags these dates but does not apply the older law.
  • Treatment over a period. The outer limit runs from the particular act or omission that caused the harm. The checker uses the first date you enter, which is the cautious case.
  • Extensions. A court can extend time under ss 27K to 27M. Whether it would is a question for the court, so the checker never assumes it.

What else do people ask?

Can you claim medical negligence after 3 years in Victoria?
Often yes. The three-year period in section 27D of the Limitation of Actions Act 1958 (Vic) runs from the date the claim became discoverable, not from the date of the treatment. A claim is discoverable once you knew, or ought to have known, that you were injured, that someone's fault caused it, and that it was serious enough to justify a claim. If you only recently learned that the care was at fault, a claim may still be possible.
Can you claim medical negligence after 12 years in Victoria?
Only if a court extends time. Section 27D sets an outer limit of twelve years from the act or omission that caused the injury, whatever you knew. Section 27K lets a court extend the period where it is just and reasonable, and section 27M allows this even after the period has expired. An extension is a discretionary decision made on evidence, not an entitlement.
Does making a complaint pause the time limit?
No. A complaint to the Health Complaints Commissioner or to Ahpra is a separate process from a civil claim, and it does not stop or extend the limitation period. If you are also considering a claim, get the limitation position checked independently of any complaint you have made.
Is what I enter sent anywhere?
No. The checker works out the dates in your browser. Nothing you enter in the checker is sent to Clever Legal or anyone else, and nothing is saved once you close the page.

Have your dates checked

The checker shows what the dates say. An assessment looks at what you knew and when, which is the part that decides it. It is free and there is no obligation.

Start your free assessment

Sources

This page covers Victoria and is general information, not legal advice. For the full rules, read Can you claim medical negligence after 3, 10 or 20 years in Victoria? or browse all our guides.