Medical Misdiagnosis

5-Star Client
 Rating

Free Case
Assessments

Industry Experts: 20+ years of experience

No Win No Fee Guaranteed

5-Star Client
 Rating

Free Case
Assessments

Industry Experts: 20+ years of experience

No Win No Fee Guaranteed

We specialise in Medical Misdiagnosis claims

Medical misdiagnosis can have serious consequences, as it involves a failure to diagnose or wrongly making an incorrect diagnosis of an illness, disease, or condition by healthcare professionals. This can result in inappropriate or delayed treatment, potentially causing additional harm or injury to the patient.

Unfortunately, things do not always go as they should. Your GP might not obtain an adequate history of your symptoms or perform a thorough physical examination. The failure to take those steps may deprive your GP of gaining a full understanding of your health complaints. Your GP might not appreciate the need to refer you for investigation and might be too quick to make a diagnosis based on the limited available information. Your GP quickly makes a diagnosis, but unfortunately, it is a misdiagnosis. Your GP might then recommend or initiate treatment for a condition or disease that you do not have, while the true underlying cause of your symptoms remains undiagnosed and untreated. The treatment that you receive might make you unwell or cause you to develop side effects or new symptoms.

The treatment of a misdiagnosed condition may even make your undiagnosed underlying condition or disease worse. The misdiagnosis deprives you of the opportunity to receive the necessary treatment for your underlying medical condition or disease that remain undiagnosed. Additionally, the lack of diagnosis of your underlying condition or disease may allow the condition or disease to progress and worsen. Sadly, at times, the condition or disease responsible for making you unwell is no longer treatable by the time that the misdiagnosis is discovered, and an accurate diagnosis is made.

If you or a loved one are living with a poor health outcome due to either receiving inappropriate treatment for a misdiagnosed condition, or due to lack of treatment of an undiagnosed condition by a GP, you may have a claim for compensation.

Why choose Garling & Co Lawyers?

At Garling & Co, our lawyers believe in the rights of the individual; a person’s right to fight for what is just and fair. We understand that the proceedings of a medical misdiagnosis claim can be extremely stressful, and that’s why we’re here to provide the expert legal guidance and support that you need at this difficult time.

Doyles Guide and Three Best Rated have consistently awarded Garling & Co as a leading compensation law firm in Sydney. Doyles Guide has recognised Garling & Co in both the Recommended and Leading categories for Accident Compensation Law Firm and Personal Injury Law Firm since 2015.

Our modern law practice is conveniently located in the heart of Sydney’s CBD, within easy walking distance of Town Hall, Wynyard and Martin Place train stations. Parking is also available at the Queen Victoria Building (QVB), so it’s easy for you to come and see us for an initial consultation to discuss your medical misdiagnosis claim.

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 medical misdiagnosis 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 is a medical misdiagnosis?

Medical misdiagnosis refers to a situation where a doctor or other health care professional wrongly diagnoses an individual with a certain illness, disease or condition. Medical misdiagnosis is dangerous, as it can lead to the incorrect treatment being prescribed, the treatment being delayed, or treatment not being provided at all when it is required to treat someone’s condition.

For example, a person may have a biopsy taken of a suspicious mole, and the acting pathologist may fail to diagnose the sample as cancerous. This could lead to the individual not receiving the necessary treatment for skin cancer.

2. What types of negligent treatment can I make a medical misdiagnosis claim for?

The most common types of medical misdiagnosis claims may consist of:

A person having a medical condition misdiagnosed
A person’s medical condition being delayed in its diagnosis (for example after a diagnostic test such as a blood test, breast cancer screening or pap smear)
A misdiagnosis of cancer (such as pancreatic cancer, breast cancer, lung cancer, bowel cancer, or colorectal cancer)

3. Am I eligible to make a misdiagnosis claim?

Not all cases of misdiagnosis are cases of medical negligence. Medical negligence is the element that has to be proven for a valid misdiagnosis claim to be present. It has to be taken into account that even the best and most professional doctors can and do make errors when diagnosing their patients.

To be eligible to make a misdiagnosis claim (and for compensation to be paid to you), your medical misdiagnosis lawyers must have clear evidence that:

A similarly trained doctor or health care professional would not have made the same mistake and;
Harm or injury has occurred to you as a result of the misdiagnosis.

4. Who can I claim medical misdiagnosis compensation against?

When you seek medical treatment, medical professionals have a duty of care when it comes to examining, diagnosing, treating and advising you on the best course of action. In medical misdiagnosis claims, you may be able to claim compensation if you have suffered from harm as a result of a health care professional’s mistake.

You can make a medical misdiagnosis claim when:

There has been a failure to diagnose of misdiagnosis of your condition
The misdiagnosis makes an existing condition worse
There was failure to provide you with the proper referral or treatment
There was a delay in your medical diagnosis
You were not provided with post-operative care using reasonable care and skill
Your test results were incorrectly reported on

5. What compensation can I expect to receive for my medical misdiagnosis negligence claim?

The amount of compensation you receive as a result of your medical misdiagnosis claim will depend on the harm, suffering and/or loss that you have experienced as a result of the medical negligence.

Your medical misdiagnosis lawyer can construct a case where you claim for:

Loss of enjoyment of life/pain and suffering damages
Lost income both past and future
Care provided by friends and family
Modification expenses for your home and vehicle
Past and future medical expenses
Paid help such as in-home nurses, cleaners etc.

6. What is the claims process?

The process for medical misdiagnosis claims can be complex, so it’s best to seek legal support as soon as possible to guide you through the journey to receiving the best level of cancer misdiagnosis compensation amounts. The experienced and professional medical misdiagnosis lawyers at Garling & Co are here to help you through this difficult and stressful time.

Being incorrectly diagnosed by a medical professional is an extremely traumatic experience to go through, especially when your health has been put at risk or damaged because of it. We’re here to provide you with the best possible legal advice for a positive outcome.

Here is a brief explanation of the legal process followed by the medical misdiagnosis lawyers at Garling & Co.

You get in contact with Garling & Co
We have an initial consultation and assess whether you have a case
We draft and lodge initial documents
We build your case, collecting supporting information
Settlement negotiations occur with relevant parties
If a settlement can be reached, then the case concludes
If a settlement cannot be reached, we take your case to court

7. How do I make a medical misdiagnosis claim?

In order to make a medical misdiagnosis claim, you’ll need to get in contact with the medical negligence lawyers at Garling & Co as soon as possible to ensure we can lodge your claim for you within the strict time limits.

Our expert medical misdiagnosis lawyers will be able to professionally assess your situation and advise you on whether you have a medical misdiagnosis claim or not. We can also seek the opinion of independent medical experts, after which we will represent you on your behalf at court, mediation sessions and settlement hearings.

8. How long do I have to make a medical misdiagnosis claim?

There are strict time limits when it comes to medical misdiagnosis claims. In NSW there is a 3-year time limit from when you knew or ought to have know you have an injury from a medical misdiagnosis.

As soon as you become aware of the fact you may have been medically misdiagnosed, get in touch with our experienced and professional medical misdiagnosis lawyers at Garling & Co who will be able to assess your situation and see if you have a medical misdiagnosis claim.

9. Why choose Garling & Co lawyers?

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