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Last updated February 19, 2026

Causation in medical negligence claims

The element of causation is a very difficult to prove in medical negligence claims.

In order to be successful in your medical negligence claim, you will need to prove that the injury sustained would not have occurred if the correct treatment were provided.

Defendants will usually plead in their Defence that the injury would have occurred regardless of the actions of the defendant or that the injury was caused by an inherent risk of the procedure.

*An inherent risk is a known risk that could not have been avoided by reasonable care and skill.

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A man across a desk from a women smiling with a backdrop of the Sydney CBD.

You'll need to prove that the injury sustained wouldn't have occurred if the correct treatment were provided.

What is Causation?

Causation links back to establishing the competent professional practice among the Defendants peers. A medical expert who is considered one of the defendant’s peers must be able to:

  1. Attribute the injury to the defendant’s actions, which fell short of the standard of a competent professional
  2. Determine that the injury would not have eventuated if due care and skill were exercised

If both these factors are satisfied, then you will likely win your medical negligence case and be paid compensation for your injuries.

At Garling & Co Lawyers we offer a free initial case assessment and we will run your medical negligence claim on a no win no fee basis.*

If you think you have suffered an injury due to medical negligence and want to know more about your rights, please contact us.

*Conditions apply

Professional woman typing on laptop

Joelle Matar

Joelle is an expert in Medical Negligence Law, with over 15 years experience working exclusively in Medical Negligence since 2007. She is also an Accredited Specialist in Personal Injury Law, Law Society of NSW. Her deep...
Read more

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sidney C.
02:14 05 Mar 26
From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.
YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more
E.B
01:02 04 Feb 26
We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more
Alyssa F
08:02 31 Dec 25
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more
David Y
21:33 15 Dec 25
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
READ ALL TESTIMONIALS

Have you suffered a serious injury?

We specialise in helping people recover compensation for serious injuries. To see if your case qualifies, please complete our Confidential Free Claim Check. Our experienced lawyers will review your information and contact you the next business day if we can help.

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sidney C.
02:14 05 Mar 26
From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.
YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more
E.B
01:02 04 Feb 26
We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more
Alyssa F
08:02 31 Dec 25
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more
David Y
21:33 15 Dec 25
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9