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 Prevent 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 Prevent Infection Claims

Infection is a recognised post-operative complication. In addition to developing an infection after surgery, an infection can also develop in non-operative settings. Patients may present to a local public hospital emergency department with a laceration or an open wound. The emergency medical team is responsible for determining the nature of the appropriate treatment, which includes referring the patient to specialist doctors if necessary.

If a laceration is deep or contaminated, it may require more than a saline rinse and sutures in the emergency department. Some injuries require review and assessment by the hospital’s plastics team to determine if a thorough washout and debridement in theatre, under cover of intravenous antibiotics, is needed. Unfortunately, if those injuries are not appropriately treated, infection could develop. Sadly, a patient could develop osteomyelitis or gangrene; in severe cases, amputation may be required.

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

Types Of Claims:

Failure to Follow Infection Prevention Protocols
Failure to Monitor and Respond to Signs of Infection
Failure to initiate prophylactic antibiotics during surgery
Failure to prescribe prophylactic antibiotics following surgery
Failure to investigate, diagnose and treat infection in a timely manner
Failure to prescribe the necessary type of antibiotics
Failure to perform a thorough washout and/or debridement.

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims related to the failure to prevent 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

Delayed Diagnosis Compensation Frequently Asked Questions

1. Can you sue for injuries caused by a hospital’s failure to prevent infection?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury due to a hospital’s failure to prevent infection.

2. What are the health consequences of an untreated infection?

Sepsis could develop if a patient’s infection was not diagnosed in a timely fashion and the patient did not receive appropriate treatment. Sepsis could result in multi-organ failure and even death in very severe cases. Patients may also develop osteomyelitis in cases of infection that progress to involve the bone, which is sometimes seen in diabetic patients. Some patients may require limb amputation to contain the infection. In young children, infection can cause meningitis and brain damage, and even death.

3. Who is responsible for the failure of hospital staff to prevent or effectively treat infection?

Hospitals are responsible for any alleged negligence by their employees, servants, or agents. Legal proceedings for compensation are usually commenced against the hospital. If the patient establishes negligence, compensation may be awarded for pain and suffering, the cost of personal care and domestic assistance, medical and allied health treatment costs, and any lost earnings.

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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Industry Experts

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Delayed Diagnosis Compensation 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 adequately manage and treat 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 adequately manage and treat infection

Failure to communicate abnormal results after discharge

Read the latest news in Hospital Negligence

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