AI Prompt Library

Medical Negligence (Australia) prompts for Australian lawyers

These prompts cover medical negligence claims across Australian jurisdictions. They address breach of duty, informed consent, causation, and damages under the relevant Civil Liability Act. Copy any prompt, replace the bracketed placeholders with your matter facts and jurisdiction, and run it in Quillio.

In short

A curated library of 25 AI prompts for Australian medical negligence practitioners. Each prompt is grounded in state and territory Civil Liability Acts, the Health Practitioner Regulation National Law, AHPRA standards, and leading High Court authority including Rogers v Whitaker and Wallace v Kam. Use them with Quillio to research, draft, and strategise on your medical negligence matters.

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Research

Research prompts (5)

Research the standard of care for medical practitioners

Prompt

Research the standard of care owed by medical practitioners under the Civil Liability Act in [jurisdiction]. Cover the peer professional opinion defence (e.g. s 5O CLA NSW) and its limits following Ipp reforms.

Example use: Assessing whether a GP met the standard of care in failing to refer a patient with persistent headaches for imaging.

Research informed consent under Rogers v Whitaker

Prompt

Research the duty to warn and informed consent principles under Rogers v Whitaker [1992] HCA 58 and the relevant Civil Liability Act provisions. Cover material risk, the patient-centred test, and recent appellate authority.

Example use: A patient who was not warned of a 1-in-200 risk of nerve damage before elective surgery.

Research causation in medical negligence

Prompt

Research causation principles in Australian medical negligence claims. Cover factual causation, scope of liability under the Civil Liability Act, and the High Court authority in Wallace v Kam [2013] HCA 19.

Example use: A delayed diagnosis case where the patient argues earlier treatment would have improved their prognosis.

Research hospital vicarious liability

Prompt

Research the vicarious liability of hospitals for the negligence of medical staff in Australia. Cover the distinction between employees and independent contractors, and the non-delegable duty of care owed by hospitals.

Example use: A patient injured during surgery performed by a visiting medical officer at a public hospital.

Research limitation periods for medical negligence

Prompt

Research the limitation periods for medical negligence claims in [jurisdiction]. Cover the standard limitation period, the discoverability extension, and the long-stop limitation period under the relevant Limitation Act.

Example use: A patient who discovered surgical mesh complications 5 years after the original procedure.

Drafting

Drafting prompts (5)

Draft a letter of demand — medical negligence

Prompt

Draft a letter of demand for a medical negligence claim in [jurisdiction]. Patient: [details]. Practitioner: [details]. Injury: [details]. Address duty, breach, causation, and heads of damage.

Example use: A letter to a surgeon who failed to diagnose a bowel perforation post-operatively.

Draft a statement of claim — medical negligence

Prompt

Draft a statement of claim for medical negligence in [jurisdiction]. Plaintiff: [details]. Defendant: [details]. Plead duty, breach (including specific acts and omissions), causation, and damages.

Example use: Proceedings against an obstetrician for birth injury resulting from delayed intervention during labour.

Draft pre-litigation disclosure

Prompt

Draft a pre-litigation disclosure notice under the relevant state pre-action protocol for medical negligence. Patient: [details]. Claim summary: [details]. Include the required expert opinion.

Example use: Serving pre-action notice on a hospital before commencing proceedings for surgical complications.

Draft expert witness instructions

Prompt

Draft instructions to a medical expert witness in a medical negligence claim. Patient history: [details]. Alleged breach: [details]. Request opinions on standard of care, breach, and causation.

Example use: Instructing an independent orthopaedic surgeon to review a delayed fracture diagnosis.

Draft a complaint to AHPRA

Prompt

Draft a complaint to the Australian Health Practitioner Regulation Agency (AHPRA) regarding a health practitioner. Patient: [details]. Practitioner: [details]. Conduct: [details]. Structure per AHPRA notification requirements.

Example use: Notifying AHPRA about a practitioner who performed a procedure outside their scope of practice.

Review

Review prompts (5)

Review medical records for breach indicators

Prompt

Review these medical records for indicators of breach of the standard of care. Identify gaps in documentation, departures from clinical guidelines, and delayed or omitted investigations.

Example use: Hospital records for a patient who developed sepsis after a routine appendectomy.

Review a medico-legal expert report

Prompt

Review this medico-legal expert report in a medical negligence claim. Assess whether the opinions on breach and causation are supported by the clinical evidence and consistent with the applicable standard.

Example use: A defendant expert report concluding that the treating surgeon met the standard of care in a bowel perforation case.

Review an informed consent form

Prompt

Review this informed consent form against the Rogers v Whitaker standard and the relevant Civil Liability Act. Identify any material risks that were not disclosed and assess whether consent was truly informed.

Example use: A consent form for spinal surgery that did not mention the risk of chronic pain syndrome.

Review damages evidence

Prompt

Review the damages evidence in this medical negligence claim. Assess each head of damage — non-economic loss, past and future economic loss, past and future treatment, and gratuitous care — against the relevant statutory caps.

Example use: Quantum assessment for a 55-year-old patient with permanent nerve damage following elective surgery.

Review a settlement offer in a medical negligence claim

Prompt

Review this settlement offer in a medical negligence claim. Compare against the likely range of damages at trial, the strength of liability evidence, and the applicable costs rules.

Example use: A defendant hospital offer of $450,000 inclusive of costs in a delayed diagnosis claim.

Client comms

Client comms prompts (5)

Explain the medical negligence claims process

Prompt

Draft a plain-English letter explaining the medical negligence claims process in [jurisdiction]. Cover pre-action steps, the need for expert evidence, limitation periods, and likely timeframes.

Example use: For a new client who believes their surgeon made an error during hip replacement surgery.

Explain causation challenges

Prompt

Draft a plain-English letter to a client explaining why causation is often the hardest element to prove in a medical negligence claim, and what evidence is needed.

Example use: For a client whose delayed cancer diagnosis claim faces a difficult prognosis argument.

Explain the role of expert evidence

Prompt

Draft a plain-English letter to a client explaining the role of independent medical expert evidence in their medical negligence claim and what the process involves.

Example use: For a client who needs to attend an examination by the defendant hospital expert.

Explain damages caps and thresholds

Prompt

Draft a plain-English letter explaining the damages caps and thresholds that apply to medical negligence claims in [jurisdiction] under the relevant Civil Liability Act.

Example use: For a client wanting to understand the maximum non-economic loss they can recover.

Update on AHPRA complaint outcome

Prompt

Draft a plain-English letter to a client updating them on the outcome of an AHPRA complaint and explaining its relationship (or lack thereof) to their civil claim.

Example use: For a client whose AHPRA notification resulted in conditions on the practitioner but no finding of misconduct.

Strategy

Strategy prompts (5)

Strategy for a delayed diagnosis claim

Prompt

Develop a strategy for a delayed diagnosis medical negligence claim. Patient: [details]. Condition: [details]. Delay: [details]. Address breach, causation (loss of chance), and damages.

Example use: A 12-month delay in diagnosing bowel cancer where earlier detection would have avoided chemotherapy.

Strategy for a surgical error claim

Prompt

Develop a strategy for a surgical error medical negligence claim. Patient: [details]. Procedure: [details]. Error: [details]. Address res ipsa loquitur, expert evidence, and the peer professional opinion defence.

Example use: A wrong-site surgery where the hospital records show a failure in the pre-operative checklist.

Strategy for an informed consent claim

Prompt

Develop a strategy for a medical negligence claim based on failure to obtain informed consent. Patient: [details]. Procedure: [details]. Undisclosed risk: [details]. Address the Rogers v Whitaker test and subjective causation.

Example use: A patient who would not have proceeded with elective cosmetic surgery had they known of the scarring risk.

Strategy for a claim against multiple defendants

Prompt

Develop a strategy for a medical negligence claim against multiple health practitioners and a hospital. Facts: [details]. Address vicarious liability, proportionate liability, and contribution between defendants.

Example use: A claim against an anaesthetist, surgeon, and hospital arising from intra-operative complications.

Strategy for a birth injury claim

Prompt

Develop a strategy for a birth injury medical negligence claim. Mother: [details]. Child: [details]. Alleged failures: [details]. Address the long limitation period for minors, life-care costs, and structured settlements.

Example use: A cerebral palsy claim arising from alleged delayed emergency caesarean section.

Use with Quillio

Run these prompts grounded in AU law

Quillio is built for Australian medical negligence practice — every research output cites the relevant Civil Liability Act, AHPRA standards, and current High Court, Court of Appeal, and Supreme Court authority. See /practice-areas/personal-injury-lawyers for details, or start a free trial at /free-trial to use these prompts on your own matters.

These prompts are templates — always verify outputs against source material and current legislation before relying on them in client matters.

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