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 Arrange a Timely Medical Review

If the care you received from a hospital falls below an acceptable standard, resulting in a failure to arrange a timely medical review, you may have experienced significant harm, delayed diagnosis and treatment, worsened existing conditions, or a poor health outcome.

At Garling & Co Lawyers, we understand the impact of such negligence on your well-being. We are here to help you claim the compensation you deserve for your pain, suffering, and associated financial losses

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

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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 Failure to Arrange a Timely Medical Review claims

Although many health conditions are manageable by your local GP or specialist, some conditions require emergency medical care. People tend to present to the nearest public hospital if they feel very ill. Public hospital emergency departments are usually busy, and triage is one of the ways that emergency staff prioritise patient care and identify patients that require escalation of treatment. A registered nurse ordinarily does triage. The nurse assesses the patient and takes note of their presenting symptoms and complaints. The nurse then determines the urgency of the situation. Often, a blood test is performed, and a cannula is inserted. Medication is also given if the patient is in pain. The patient then returns to the waiting room and awaits medical review.

Triage is critical as it enables hospital staff to determine how quickly a patient receives medical care and treatment. Unfortunately, serious signs and symptoms can be missed during triage if the assessment is not thorough and if adequate information is not obtained from the patient at that time. This results in a failure to appreciate the seriousness of the patient’s condition, and the patient could wait for several hours to be reviewed by a doctor. The patient could deteriorate during that time, and the deterioration could be silent until the patient is visibly in a critical state and requires immediate medical intervention to save the patient’s life. Sadly, the delay in receiving medical care can result in catastrophic injury to a patient and, in some cases, even death.

Suppose you or a loved one sustained an injury due to an unreasonable delay in receiving medical treatment after attending your local hospital’s emergency department. In that case, you may be entitled to compensation that will enable you to pay for medical expenses and other services that you may need. Contact the specialist medical negligence solicitors at Garling and Co. Lawyers to better understand your legal rights to compensation.

Types of Claims:

Talk to Garling & Co Lawyers today

Navigating medical negligence claims can be complex within compensation law. Our skilled medical negligence lawyers, with over 20 years of experience, will guide you through the process. We’ll evaluate your case meticulously, explain intricacies, and ensure transparency before taking legal action.

Take action today and secure the justice you deserve by contacting our experienced Hospital Negligence Lawyers. We have a deep understanding of medical negligence cases and will fight tirelessly on your behalf. Let us guide you through the legal process and work towards obtaining the compensation you are entitled to. Fill out our Confidential Case Assessment form for a free evaluation, without any obligation. Expect a response within 24 hours.

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.

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

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

Failure to Arrange Timely Medical Review Frequently Asked Questions

1. What are some examples of a failure to arrange medical review?

Failures to arrange medical review may include the following:

a failure to perform a physical medical review prior to a patient’s discharge from hospital
a failure to perform a medical review in a timely manner
A failure to arrange medical review by the appropriate medical specialit

2. What are the legal consequences for failing to report hospital negligence in a timely manner?

If you have experienced a delay in receiving medical review and treatment at a public hospital, you may report your experience to that hospital so that the hospital could investigate the level of care that was provided to you. You may also submit a complaint to the Health Care Complaints Commission of NSW. Those avenues enable the hospital to identify and address any deficiencies is their guideline or protocols so that your experience is not experienced by another patient.

If you have suffered injury due to a delay in receiving medical review and treatment at a public hospital, you must contact a medical negligence specialist lawyer as soon as possible. A delay could result in the loss of important evidence such as witnesses or medical records. More importantly, medical negligence proceedings must be commenced within three years of the time at which you discovered your injury, that your injury is the fault of the hospital and that your injury is worth suing over. If legal proceedings are not commenced within a timely fashion, you may be statute barred from commencing legal proceedings for compensation for your injuries.

3. What is the time limit for medical negligence claims?

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of the defendant, and the injury is worth suing over.

4. What is the average payout for medical negligence claims in Australia?

If you succeed in proving negligence, you would be entitled to compensation. Compensation may include pain and suffering, the cost of personal care and domestic assistance, medical and allied health treatment costs, and any lost earnings. The value of your claim would depend on the nature, extent and severity of your injuries and any losses you may have suffered.

More Faqs

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

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

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Failure to Arrange Timely Medical Review Frequently Asked Questions

Seek Other Hospital negligence Claims

Hospital Negligence Claims

Failure to admit for observation and investigation

Failure to arrange transport to a different facility for necessary investigations

Failure to transfer to an appropriate medical facility

Failure to make a diagnosis prior to discharge

Failure to adequately manage and treat infection

Failure to prevent infection

Failure to communicate abnormal results after discharge

Hospital Negligence Claims

Failure to admit for observation and investigation

Failure to arrange transport to a different facility for necessary investigations

Failure to transfer to an appropriate medical facility

Failure to make a diagnosis prior to discharge

Failure to adequately manage and treat infection

Failure to prevent infection

Failure to communicate abnormal results after discharge

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