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 Adequately Manage and Treat Infection 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 Failure to Adequately Manage and Treat Infection Claims

Most, if not all, surgical procedures are associated with a risk of infection. Signs and symptoms of infection can appear while a patient remains an inpatient of a hospital or after a patient has been discharged home from a hospital. Infection often delays and impedes post-operative healing and recovery and may even result in failure of the surgical procedure.

If an infection is not treated quickly and effectively, it could become chronic and may require treatment over many months. Some patients require hospital admission for treatment with intravenous antibiotics and even surgical debridement of infected and necrotic tissue to facilitate healing.

The infection could also evolve into sepsis, which can cause multiple organ failure and could become life-threatening. Timely diagnosis and treatment of infection are associated with better outcomes.

If you or a loved one are living with the poor outcome of an infection and suspect that the infection could have been treated much quicker or better than it was, you could be entitled to compensation. Contact Garling and Co Lawyers today for free legal advice on your rights and discuss the avenues available for fair compensation.

Types Of Claims:

Delayed or Misdiagnosis Compensation
Inadequate Treatment and Care
Medication Errors
Failure to Monitor and Respond to Infection
Failure to Follow Infection Control Protocols
Surgical Site Infections
Hospital-Acquired Infections
Wrongful Death

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims related to the failure to adequately manage and treat infections can be complex. Our experienced team at Garling & Co Lawyers is dedicated to assisting individuals in pursuing their claims for compensation. With our in-depth knowledge of hospital negligence laws and extensive experience in handling such cases, we are here to guide you through the legal process.

To discuss your case with our highly knowledgeable lawyers, please reach out to us on 1300 851 201 or via email. Alternatively, you can fill out our Confidential Case Assessment form, free of charge and without any obligation. We are committed to providing you with the support and legal representation you need to seek justice for the inadequate management and treatment of your infection.

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 Adequately Manage and Treat Infection Frequently Asked Questions

1. How much compensation can I receive if I sue a hospital for failing to effectively treat an infection

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.

2. What is a common infection in hospital

Staphylococcus Aureus infection is a common type of infection that is experienced by patients. This is also known as ‘golden staph’. Infection can develop following surgical procedures or secondary to trauma. For example, deep lacerations could become infected if they are not appropriately treated. Another example is the infection of foot ulcers in diabetic patients.

3. Is the hospital liable for my infection if it was diagnosed after I was discharged?

Yes, a hospital could still be liable for injuries sustained due to a failure by a hospital to prevent or adequately treat an infection whilst the patient was under the care of that hospital, even if the infection was diagnosed after the patient’s discharged. An example of this scenario is a person who presents to a hospital with a deep laceration and the laceration is not appropriately managed as to prevent infection and the patient is discharged from the hospital and returns to the hospital with an infection days after discharge. Another example is a patient who presents to a hospital with symptoms suggestive of an infection, but the infection is not diagnosed at that time and the patient is discharge. The patient then returns to the hospital with obvious signs and symptoms of a severe infection. Infections that develop after diagnostic procedures or surgical procedures are some other examples of patients having undiagnosed infections at the time that they are discharged from a hospital and those infections could be diagnosed after discharge.

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 Adequately Manage and Treat Infection

We Specialise in Failure to Adequately Manage and Treat Infection Claims

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Failure To Adequately Manage and Treat Infection Frequently Asked Questions

Seek Other Hospital negligence Claims

Hospital Negligence Claims

Failure to arrange a timely medical review

Failure to make a diagnosis prior to discharge

Failure to arrange transport to a different facility for necessary investigations

Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

Failure to prevent infection

Failure to communicate abnormal results after discharge

Hospital Negligence Claims

Failure to arrange a timely medical review

Failure to make a diagnosis prior to discharge

Failure to arrange transport to a different facility for necessary investigations

Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

Failure to prevent infection

Failure to communicate abnormal results after discharge

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