A complaint seeks explanation, review or changes in practice. A compensation claim seeks money for loss caused by negligence. They can sometimes run side by side, but a complaint does not establish legal liability and should not be assumed to pause a claim's time limit.
Purposes
A complaint asks a health service or regulator to look at what happened. Families often use complaints to get explanations, acknowledgement or assurance that systems will improve. A compensation claim is a legal process aimed at recovering money for losses caused by care that fell below the accepted standard. Knowing which outcome matters most to you helps decide where to start.
Possible outcomes
Complaint outcomes may include a meeting, a written explanation, an apology, a review of practice or, through a regulator, action concerning a practitioner. They generally do not include compensation for long-term care. A civil claim may result in a negotiated settlement or court judgment, but it does not usually produce an apology or practice changes directly.
Complaint bodies
Most hospitals have a patient liaison or consumer feedback team as a first point of contact. Each state and territory also has an independent health complaints body, and practitioner conduct can be raised with the national regulator. Which body is appropriate depends on the issue and location, and these bodies can explain their own scope.
- The hospital or health service's feedback team.
- The state or territory health complaints entity.
- The national practitioner regulator, for conduct or performance concerns.
Parallel processes
Families may pursue a complaint and seek legal advice at the same time. It can help to tell your solicitor before lodging a complaint, because statements made and documents produced may become relevant later. Records obtained through a complaint or a direct access request, as described by the OAIC, can also support legal review.
Time limits
Complaint bodies may have their own time frames for accepting matters. Separately, limitation periods for civil claims generally continue running while a complaint is considered. Waiting for a complaint outcome before seeking legal advice can therefore narrow options.
For your next conversation
- What outcome matters most to you: explanation, practice change, compensation or a combination?
- Have you kept copies of any complaint letters and the hospital's written responses?
- Do you have notes from any open disclosure meeting, with date and attendees?
- Have you asked the complaint body about its own time frame for accepting matters?
- Has a solicitor seen your complaint before it is lodged?
Common questions
If the hospital's review finds nothing went wrong, does that end our legal options?
No. An internal review or complaint finding is not a court decision and does not bind a civil claim. Independent experts may reach different views. Equally, a critical review does not automatically prove negligence or causation. Each process is assessed on its own evidence.
Will making a complaint affect the care our child still receives?
Health services are expected to keep providing care regardless of complaints. If you are concerned, you can raise this with the patient liaison team or complaint body, and you may ask about transferring care where options exist.
Sources & further reading
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.