What Is Medical Negligence?

Medical Negligence (medical malpractice) occurs when a health professional or institution operates outside of standard, competent medical procedure which then results in an injury. The negligence can occur during diagnosis, operation/treatment, and post operation/treatment as well.

How Do I Prove Medical Negligence?

To make a claim for medical negligence you need to prove a duty of care was owed to you and a breach of duty took place,

What Can I Claim Medical Negligence Compensation For?

You can receive compensation for: Payment of past and future medical expenses; Reasonable and necessary attendant care, domestic assistance and home modifications; Past and future loss of income; Pain and suffering – which incudes actual pain and loss of enjoyment of life.

Who Can You Make A Medical Negligence Claim Against?

GPs, dentists, hospitals, specialists, chiropractors, physiotherapists, massage therapists and many more.

How Long Does A Medical Negligence Claim Take?

Depending on the severity of the injury and complexity of the case, it is not uncommon for medical negligence cases to take 2 or 3 years to resolve. It is not always possible to tell how long one specific case may take, it depends on a number of factors which can be out of the control of your lawyer.

How Much Compensation Will I Get For Medical Negligence?

It is impossible to pre-determine how much compensation you will receive as a result of your injuries. Usually, the more severe your injuries are or the larger the impact they have had on your life, the more compensation you are entitled to. The payout can be between tens of thousands of dollars to millions of dollars.

Are There Time Limits When It Comes To Making A Medical Negligence Claim?

In NSW, you must lodge your claim within 3 years of the date of discoverability. That is the date you knew or ought to have known you had a right to make a claim for compensation for your injury. To be certain you are within the required time limit its best to start the claim within 3 years from the act of negligence.

Why Choose Garling & Co For Your Medical Negligence Claim?

Medical negligence claims are a highly complex area of compensation law. Thankfully, our team of medical negligence lawyers have over 20 years of experience and can take you through the entire process. We’ll help you to establish whether you have a claim or not and talk you through all the specifics before any legal action is taken.

Cancer Negligence Claims

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

You won’t be required to pay any fees until we win your case.

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

You won’t be required to pay any fees until we win your case.

We Specialise In Cancer Misdiagnosis Compensation Claims

Cancer is a disease that has become increasingly common. It does not discriminate and can affect any person at any age. There are many different types of cancer, with some being more aggressive than others. Cancer is often a dreadful diagnosis and for some patients, it could even be a death sentence.

Timely diagnosis of many types of cancer is a major determining factor of prognosis and life expectancy. Sadly, some cancers cause little or no symptoms in the early stages and patients only develop symptoms after the cancer has progressed or metastasised. For those patients, prognosis is often poor, and the cancer may be terminal at the time of diagnosis.

Other cancers cause symptoms that may initially be mild or subtle but still noticeable. It is important to seek prompt medical advice if new symptoms develop, even if they are only mild. Usually, diagnosis and treatment of cancer at its early stages are associated with a good prognosis for patients and some patients may even be cured and live a normal life expectancy following effective treatment.

Unfortunately, promptly seeking medical advice does not always result in adequate investigation of symptoms or timely diagnosis and treatment. Some patients may present to their doctors many times over the course of several years before their symptoms are appropriately investigated and a diagnosis is made.

A delay in the diagnosis of cancer at its early stages deprives the patient of timely treatment and a good prognosis. Sometimes, the cancer is terminal by the time that diagnosis is made several years after the onset of symptoms. This significantly reduces the patient’s life expectancy.

Types of Claims for Cancer Negligence:

Delayed Diagnosis or Misdiagnosis of Cancer
Failure to Perform Timely or Appropriate Cancer Screening
Inadequate or Incorrect Cancer Treatment
Failure to Properly Monitor and Follow up on Cancer Patients
Negligent Management of Cancer Patients’ Medical Records
Misinterpretation of Cancer Test Results
Failure to Refer Patients to Specialists for Further Evaluation
Claims for dependents arising from the death of the bowel cancer patient due to negligence
Emotional Distress and Psychological Impact Due to Cancer Negligence.

Talk to Garling & Co Lawyers today:

Navigating cancer negligence claims can be complex and emotionally challenging. At Garling & Co Lawyers, our experienced team specialises in handling cancer negligence cases. With years of expertise, we will meticulously evaluate your claim, provide expert guidance, and ensure transparency throughout the legal process.

To discuss your claim with our highly knowledgeable medical malpractice lawyers, please reach out to us on (02) 8329 9500 or via email. Alternatively, you can fill out our Confidential Case Assessment form, free of charge and without any obligation. Expect a prompt response as we aim to support you during this difficult time and help you seek the compensation you rightfully deserve for cancer negligence.

Types of claims

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Rachel R.

09:13 17 Nov 24

Although a long journey, the team at Garling & Co Lawyers have been amazing. They are thorough and clear with the processes and the expectations. It is a pleasure dealing with Emma and Rebecca. They... take all the weight off our shoulders when it comes to all the legal stuff and they make us feel comfortable and confident in their ability to look after us.read more

Angie & Brian M.

00:58 18 Sep 24

We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more

Yanthi S.

11:22 12 Sep 24

I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more

Tina S

07:45 29 Aug 24

Thank you for the great outcome!

Lisa L.

05:18 13 Jul 24

Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more

J B

07:12 02 Jul 24

Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more

Nelson B.

02:11 30 Jun 24

Professional, prompt & honest service

Ray H.

07:33 13 Jun 24

Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more

Jo L.

05:58 07 May 24

So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more

Linda O.

21:53 06 May 24

Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more

Cancer Misdiagnosis Frequently Asked Questions

1. How is cancer negligence compensation calculated?

Compensation for cancer negligence is calculated based on the nature, extent and severity of the injury, loss or damage suffered as a result of the negligence. Compensation can be awarded for pain and suffering, loss of expectancy of life, medical expenses, personal care, domestic assistance, palliative care and lost earnings. If the cancer negligence resulted in the person’s death, dependents of the deceased may be entitled to compensation.

2. Which cancers are harder to diagnose?

Cancers that do not cause any symptoms or very subtle symptoms in the early stages can be difficult to diagnose. Some of those cancers include prostate, bowel and ovarian cancer.

3. Can I make a cancer negligence claim for someone else?

Yes, a claim can be made by a parent or guardian on behalf of a child, who has suffered as a result of cancer negligence. A claim can also be made by dependents of a deceased or the estate of the deceased if the death was caused by cancer negligence.

4. How long does a cancer negligence claim take?

A cancer claim can take anywhere between 12 to 24 months. However, if the cancer is terminal and life expectancy is significantly reduced, a court application is filed to expedite the proceedings.

5. What is the average payout for cancer misdiagnosis?

It is difficult to provide an average payout for cancer misdiagnosis as there are different types of cancer at different stages and of varying aggression. No two cancer negligence claims are the same as no two people are the same and individual circumstances differ. Ultimately, compensation depends on the nature, extent and severity of the injury and loss suffered and expected life expectancy.

More Faqs

Rachel R.

09:13 17 Nov 24

Angie & Brian M.

00:58 18 Sep 24

Yanthi S.

11:22 12 Sep 24

Tina S

07:45 29 Aug 24

Thank you for the great outcome!

Lisa L.

05:18 13 Jul 24

J B

07:12 02 Jul 24

Nelson B.

02:11 30 Jun 24

Professional, prompt & honest service

Ray H.

07:33 13 Jun 24

Jo L.

05:58 07 May 24

Linda O.

21:53 06 May 24

Read all testimonials Payout case studies

Seek Other Cancer Negligence Claims

Bowel Cancer Claims

If you or a loved one struggled with the symptoms of undiagnosed bowel cancer and your symptoms were not taken seriously by your doctors and bowel cancer was not diagnosed in a timely manner and you now are living with metastatic bowel cancer, you may be entitled to compensation.

Learn More

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We Specialise In Cancer Misdiagnosis Compensation Claims

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The Claims Process:

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No Win No Fee

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Cancer Misdiagnosis Frequently Asked Questions

Seek Other Cancer Negligence Claims

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