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.

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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.

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

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

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

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