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.

Failure To Refer for Further Testing

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.

Experts in Medical Negligence claims

Your GP is your first point of contact when you are not feeling well. A prudent GP will carefully listen to your health complaints, obtain a detailed medical history and perform a thorough physical examination. Based on the information obtained from you and the findings on your physical examination, your GP will either make a diagnosis or refer you for diagnostic investigation of your symptoms. Many patients incorrectly assume that if their GP has not contacted them in relation to test results that the results are assuring. While this may be true in some cases, it is not always the case. Sometimes, due to administrative oversight, a GP is not aware of the availability of test results and does not see those results. It is also possible for a GP to read test results and recognise the need to contact the patient, but this does not occur due to oversight. In addition to requesting appropriate diagnostic investigations, your GP must follow up your results and must notify you of any abnormal or concerning results. These days, many GPs use software with a built-in prompting system to automatically notify patients of the availability of test results and the need to make an appointment with the doctor to discuss those results. Despite those measures, it is probably sensible to make an appointment with your GP if you are expecting test results as this is likely to minimise the risk of your results being overlooked.

In addition to following up test results and communicating the results to the patient, a prudent GP must also act on any recommendations for additional diagnostic investigations. For example, your GP may refer you for a CT scan. However, the reporting radiologist may include a comment in the results that a CT scan is unlikely to show a specific abnormality and therefore, further investigation by MRI scan is recommended. Another example is one where a radiologist might identify an abnormality but cannot determine based on the radiology alone if the abnormality is benign or malignant and recommends a biopsy. A prudent GP must act on those recommendations and refer you as necessary.

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.

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.

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

Frequently Asked Questions

1. What constitutes a failure to organise appropriate testing claim?

If your doctor fails to refer you for testing or diagnostic investigations that are considered by peer professional doctors as necessary, it would constitute a failure to organise appropriate testing.

2. How do I know if I have a valid failure to organise appropriate testing claim?

If you suffer an injury as a result of the doctor’s failure to organise appropriate testing, you may have a claim for compensation arising from the failure to do so. Expert medical opinion will be required to prove that testing was required and that the failure to organise appropriate testing represents a departure from reasonable care and has resulted in your injury

3. What types of situations or conditions typically involve failure to organise appropriate testing claims?

The health outcome or prognosis of any serious condition or disease could be adversely impacted by a doctor’s failure to organise appropriate medical testing if the failure to organise testing caused a delay in diagnosis and treatment. For example, a failure to organise appropriate testing for patients with undiagnosed cancer can have serious implications for the patients and even a significantly reduced life expectancy. Other situations may involve infection, vascular conditions or physical trauma such as fractures or neurovascular injuries.

4. What are the potential consequences of a failure to organise appropriate testing by a healthcare provider?

Consequences of a failure to organise appropriate testing in a timely manner can range from minor to life-threatening. Consequences for the patient include the following:

A delay in receiving appropriate treatment
Deterioration or worsening of symptoms
Evolution or progression of a disease or condition
Metastasis in cancer cases
Reduced treatment options
Reduced effectiveness of treatment options
Poor prognosis
Reduced life expectancy
Death

5. How can I prove that there was a failure to organise appropriate testing in my case?

If you suspect that a doctor has failed to organise necessary testing and this has caused you to suffer an injury or poor health outcomes, you will need to contact a solicitor who specialises in medical negligence litigation. Your solicitor will investigate a claim on your behalf and obtain the necessary evidence on your behalf. Ultimately, expert opinion will be required in support of the allegations of negligence against your doctor and the cause of your injuries.

6. What compensation can I seek in a failure to organise appropriate testing claim?

The compensation that is available to you depends on the nature, extent, severity and impact on your injuries on all aspect of your life. It also depends on your prognosis. Generally, you can claim the costs of past and ongoing medical treatment, allied health intervention, care, domestic assistance and lost earnings. You can also claim compensation for your pain and suffering as a result of your injuries. Your medical negligence specialist will be able to determine the compensation that is available to you and give you comprehensive advice on that aspect of your claim.

More Faqs

Jude M.

03:54 21 Feb 25

Pouya Zadbar T.

01:36 15 Feb 25

Don T.

05:59 13 Feb 25

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

Sandra C.

03:27 06 Feb 25

kokomo U.

01:38 15 Jan 25

Sam H.

09:47 17 Dec 24

Very knowledgeable, explains everything very clearly and highly recommend.

Rachel R.

09:13 17 Nov 24

Angie & Brian M.

00:58 18 Sep 24

Read all testimonials Payout case studies

Workers Compensation Lawyers

Motor Vehicle Accident Lawyers Sydney

Medical Negligence Lawyers Sydney

Public Liability Lawyers

Superannuation Lawyers Sydney

Failure To Refer for Further Testing

Experts in Medical Negligence claims

The Claims Process:

Would you like assistance with your claim?

No Win No Fee

Industry Experts

Maximum Compensation

Frequently Asked Questions

Seek Other Medical Negligence Claims

Medical Negligence

Doctor Negligence

Delayed Diagnosis

Medical Misdiagnosis

Failure Test Results

Failure to Examine

Failure to refer

Medical Negligence

Doctor Negligence

Delayed Diagnosis

Medical Misdiagnosis

Failure Test Results

Failure to Examine

Failure to refer

Have you suffered a serious injury?

No Win No Fee

Industry Experts

Maximum Compensation