Last updated April 30, 2024

How Can I Tell If My Injury Was Caused by Medical Negligence?

In simple terms, medical negligence occurs when a patient suffers injury, loss, or damage due to a healthcare professional failing to provide reasonable medical advice, care or treatment. Additionally, legally speaking, you must prove that the injury, loss, or damage was more likely than not avoidable but for failing to provide reasonable care and treatment.

A red heart next to a stethoscope on a blue background with the caption “How Can I Tell If My Injury Was Caused by Medical Negligence”

The Three Elements of Medical Negligence

To prove that your injury was caused by medical negligence, you must establish the following:

1. Duty: The healthcare provider owed you a duty of care.

2. Breach of duty of care: The healthcare provider breached the duty of care by failing to provide you with care or treatment that is consistent with the accepted standards of care at that time (reasonable care).

3. Causation of damage: The failure to provide you with reasonable care or treatment more likely than not caused you to suffer a permanent or significant injury or loss for which you could be compensated.

How can you tell if your injury was caused by medical negligence?

Unexpected Complications

Whist experiencing complications or an unsatisfactory outcome are not necessarily proof negligence, and complications could occur even with excellent care, there are some matters that you must pay close attention to, including the following:

There is no improvement in your condition or symptoms despite adhering to medical advice and recommended treatment.
Your condition or symptoms continue to evolve and progress despite treatment.
Your condition or symptoms worsen immediately, or shortly after, commencing treatment, with no reasonable explanation.
You develop new symptoms.
Your recovery takes much longer than anticipated, and your doctor cannot provide you with a reasonable explanation.
You have come under the care of another doctor, and this new doctor expressed concerns about the treatment that you have received.

If you have experienced, or continue to experience, any of the above matters, it might be sensible to seek an explanation to your satisfaction or seek a second medical opinion.

A Healthcare Team that lacks transparency

If you feel that your healthcare providers are not being entirely transparent or forthcoming about your treatment and unsatisfactory outcome, or that they are dismissing or undermining your concerns or are refusing to refer you for a second medical opinion, it could be a sign that some of the care or treatment that you received was not reasonable or appropriate. Pay close attention to the following:

Doctors or nurses avoiding your questions or providing vague answers.
Difficulty accessing your medical records.
Medical records that are incomplete
A sudden change in your healthcare team without explanation

Inconsistent Diagnoses and Treatment Plans

Some patients have complex conditions requiring a multi-disciplinary team of specialists, and some patients seek a second opinion before undergoing specific treatments. If you receive conflicting information from your treating doctors, this might be due to a lack of consensus concerning your diagnosis or an appropriate treatment plan. Some examples of this scenario include the following:

Conflicting diagnoses from different members of your healthcare team
Rapid changes in your treatment plan without a clear rationale
A lack of communication or coordination among your healthcare providers

FAQ’s

How can I tell if my injury was caused by medical negligence and not just an unfortunate outcome?

It can be challenging to differentiate between the two. Consulting with a specialist medical negligence solicitor can help you assess your situation and determine if negligence was involved.

What should I do if I suspect my injury was caused by medical negligence?

First, compile any medical documents you have in your position. Then, consult with a knowledgeable medical negligence lawyer to evaluate your case. Gathering the relevant medical records before consulting with a medical negligence solicitor is helpful and is a great time saver. If you cannot do this due to ill health or otherwise, your solicitor can request medical records on your behalf.

Can I sue for medical negligence?

Yes, you can sue for medical negligence if you have suffered an injury and your solicitors have procured the necessary expert evidence to support the alleged negligence and causation. In New South Wales, expert evidence is required to commence formal legal proceedings arising from medical negligence. An experienced medical negligence solicitor can help you navigate the legal process and prepare your claim to be filed in court.

How long do I have to file a medical negligence claim?

The time limit, or statute of limitations, varies depending on your jurisdiction. Generally, it is three years from the date of the injury or the date you discovered the injury. The statute of limitations is complex and requires advice from a solicitor and specific consideration of your situation. You must consult with a medical negligence solicitor as soon as you suspect medical negligence.

Conclusion

You now know what to look for if you think you are a victim of medical negligence. By asking the right questions and taking proactive steps to investigate your suspicions, you can determine if your injury results from medical negligence and, if necessary, seek the justice you deserve. Contact Garling and Co. today and speak to our team of lawyers who are Accredited Specialists in Personal Injury Law and specialise in Medical Negligence. We are here to support you through your claim and support you in the fight for fair compensation.

Joelle Matar

Joelle is an expert in Medical Negligence Law, with over 15 years experience working exclusively in Medical Negligence since 2007. She is also an Accredited Specialist in Personal Injury Law, Law Society of NSW. Her deep...

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T M

08:15 27 Feb 25

To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more

S Z

07:46 27 Feb 25

I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more

Jude M.

03:54 21 Feb 25

I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more

Pouya Zadbar T.

01:36 15 Feb 25

Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more

Don T.

05:59 13 Feb 25

I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more

Pedro M.

04:26 11 Feb 25

Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.

Ron J.

03:49 11 Feb 25

I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more

Sandra C.

03:27 06 Feb 25

Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more

kokomo U.

01:38 15 Jan 25

Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more

Sam H.

09:47 17 Dec 24

Very knowledgeable, explains everything very clearly and highly recommend.

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