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How Can I Tell If My Injury Was Caused by Medical Negligence?

In simple terms, medical negligence occurs when a patient suffers injury, loss, or damage due to a healthcare professional failing to provide reasonable medical advice, care or treatment. Additionally, legally speaking, you must prove that the injury, loss, or damage was more likely than not avoidable but for failing to provide reasonable care and treatment.

The Three Elements of Medical Negligence

To prove that your injury was caused by medical negligence, you must establish the following:

1. Duty: The healthcare provider owed you a duty of care.

2. Breach of duty of care: The healthcare provider breached the duty of care by failing to provide you with care or treatment that is consistent with the accepted standards of care at that time (reasonable care).

3. Causation of damage: The failure to provide you with reasonable care or treatment more likely than not caused you to suffer a permanent or significant injury or loss for which you could be compensated.

How can you tell if your injury was caused by medical negligence?

Unexpected Complications

Whist experiencing complications or an unsatisfactory outcome are not necessarily proof negligence, and complications could occur even with excellent care, there are some matters that you must pay close attention to, including the following:

  • There is no improvement in your condition or symptoms despite adhering to medical advice and recommended treatment.
  • Your condition or symptoms continue to evolve and progress despite treatment.
  • Your condition or symptoms worsen immediately, or shortly after, commencing treatment, with no reasonable explanation.
  • You develop new symptoms.
  • Your recovery takes much longer than anticipated, and your doctor cannot provide you with a reasonable explanation.
  • You have come under the care of another doctor, and this new doctor expressed concerns about the treatment that you have received.

If you have experienced, or continue to experience, any of the above matters, it might be sensible to seek an explanation to your satisfaction or seek a second medical opinion.

A Healthcare Team that lacks transparency

If you feel that your healthcare providers are not being entirely transparent or forthcoming about your treatment and unsatisfactory outcome, or that they are dismissing or undermining your concerns or are refusing to refer you for a second medical opinion, it could be a sign that some of the care or treatment that you received was not reasonable or appropriate. Pay close attention to the following:

  • Doctors or nurses avoiding your questions or providing vague answers.
  • Difficulty accessing your medical records.
  • Medical records that are incomplete
  • A sudden change in your healthcare team without explanation

Inconsistent Diagnoses and Treatment Plans

Some patients have complex conditions requiring a multi-disciplinary team of specialists, and some patients seek a second opinion before undergoing specific treatments. If you receive conflicting information from your treating doctors, this might be due to a lack of consensus concerning your diagnosis or an appropriate treatment plan. Some examples of this scenario include the following:

  • Conflicting diagnoses from different members of your healthcare team
  • Rapid changes in your treatment plan without a clear rationale
  • A lack of communication or coordination among your healthcare providers

FAQ’s

How can I tell if my injury was caused by medical negligence and not just an unfortunate outcome?

It can be challenging to differentiate between the two. Consulting with a specialist medical negligence solicitor can help you assess your situation and determine if negligence was involved.

What should I do if I suspect my injury was caused by medical negligence?

First, compile any medical documents you have in your position. Then, consult with a knowledgeable medical negligence lawyer to evaluate your case. Gathering the relevant medical records before consulting with a medical negligence solicitor is helpful and is a great time saver. If you cannot do this due to ill health or otherwise, your solicitor can request medical records on your behalf.

Can I sue for medical negligence?

Yes, you can sue for medical negligence if you have suffered an injury and your solicitors have procured the necessary expert evidence to support the alleged negligence and causation. In New South Wales, expert evidence is required to commence formal legal proceedings arising from medical negligence. An experienced medical negligence solicitor can help you navigate the legal process and prepare your claim to be filed in court.

How long do I have to file a medical negligence claim?

The time limit, or statute of limitations, varies depending on your jurisdiction. Generally, it is three years from the date of the injury or the date you discovered the injury. The statute of limitations is complex and requires advice from a solicitor and specific consideration of your situation. You must consult with a medical negligence solicitor as soon as you suspect medical negligence.

Conclusion

You now know what to look for if you think you are a victim of medical negligence. By asking the right questions and taking proactive steps to investigate your suspicions, you can determine if your injury results from medical negligence and, if necessary, seek the justice you deserve. Contact Garling and Co. today and speak to our team of lawyers who are Accredited Specialists in Personal Injury Law and specialise in Medical Negligence. We are here to support you through your claim and support you in the fight for fair compensation. 

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...
Angie & B.
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
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
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
READ ALL TESTIMONIALS

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Angie & B.
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
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
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
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
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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.
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