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Failure to refer

For most patients suffering from illness, the first point of contact when seeking medical care will be their GP. A doctor might be deemed negligent if he or she fails to recognise that a patient needs to be referred to a specialist, usually via a hospital, for further tests and treatment.

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

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We provide confidential, free case assessments.

Industry Experts

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

No Win No Fee

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

Failure to refer negligence claims

Apart from medical emergencies, your local GP is your first point of contact. In addition to requesting appropriate investigations and diagnosing the underlying cause of your symptoms and health complaints, formulating appropriate and effective treatment plans is essential to achieving a good therapeutic outcome. Ordinarily, after a GP makes a diagnosis, a treatment plan is formulated, and treatment is initiated. An inappropriate or inadequate treatment plan is unlikely to be effective and you might find that you are not feeling better despite treatment. There are also complex medical conditions that require a GP to effectively formulate and coordinate a multidisciplinary treatment plan that involves multiple specialists of varying areas of specialty. You may not benefit from treatment, or it might take you longer to improve if your multidisciplinary treatment plan is inadequate or incomplete. 

Some GPs have additional qualifications or special interests in specific fields of medicine and those GPs may have sub-specialties in those fields of medicine. This may include the fields of dermatology, paediatrics, women’s reproductive health and antenatal care. There can be no doubt that the availability of sub-specialised GPs is beneficial to patients and the wider community. However, sometimes, a referral to a specialist for management and treatment is required and it is important that your GP recognises when a referral to a specialist for treatment is required. There might be more effective treatments available to you that a specialist might recommend compared to a GP, despite the sub-specialty and special interest that the GP may hold. There are also medical scenarios where a GP cannot provide treatment. This applies specifically to the provision of antenatal care where referral to an obstetrician may be required for management and treatment to ensure a good outcome for both mother and child. 

If you or a loved one are living with the consequences a GP’s failure to provide you with appropriate treatment, or a failure to refer you to another doctor for treatment, you may have a claim for compensation. Contact Garling and Co Lawyers for a free no-obligation discussion. We will advise you of your rights and explain to you the process of bringing a claim for compensation.

 

Failure to refer and other referral errors encompass various incidents, such as:

 

  • GP’s failure to recognise the need for specialist referral, resulting in significant treatment delays.
  • Administrative mishaps leading to patients getting lost in the system or referral processing errors at the GP surgery.
  • Lack of follow-up after hospital treatment, where the GP’s role includes monitoring recovery and arranging further tests or treatment at the hospital.

If you have suffered harm due to a referral error, experiencing delayed treatment or diagnosis, your doctor’s potential medical negligence comes into question. To build a case, you must establish that other doctors with similar expertise would have acted differently, providing earlier referrals or handling them differently. Uncover the truth and seek the justice you deserve.

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.

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

Failure to refer Frequently Asked Questions

1. What is a failure to refer doctor claim?

This is a claim for compensation for injuries arising from a doctor’s failure to refer a patient to a an appropriately qualified specialist for further investigation, management or treatment. A claim for compensation may also arise from injuries sustained due a failure of a GP to refer the patient for appropriate investigations.

2. How do I know if I have a valid failure to refer doctor claim?

Some patients discover that their doctor has failed to refer them to a specialist when they seek a second opinion from another doctor. Other patients may discover there has been a failure to refer them to a specialist or for investigations when a diagnosis is finally made. This is usually explained to them at the time that the diagnosis is explained, which could be many years after the referral was required. You do not have to wait several years to know if a doctor was negligent in failing to refer you. A free no-obligation discussion with one of our specialist solicitors will help you get on the right path. A medical negligence lawyer will be able to commence an investigation on your behalf and determine if referral, or earlier referral, was required.

3. What types of medical conditions or situations typically involve failure to refer claims?

Almost any condition or disease could be misdiagnosed or left undiagnosed (and untreated) due to a failure to refer for appropriate investigations or to a specialist for further investigation and management. A delay in diagnosis of cancer due to a failure to investigate is associated with poor prognostic outcomes if metastasis was present at the time of diagnosis. A failure to refer could also include a failure to refer a mother to an obstetrician for antenatal care in circumstances where the pregnancy is high-risk pregnancy could result in injury to mother and child.

4. How can I prove that a doctor failed to refer me appropriately?

If you suspect that a doctor has failed to refer you to a suitably qualified expert or for appropriate investigations, 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.

More Faqs
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

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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
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