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Medical Negligence Payout Amounts

Our expert team of accredited no win no fee lawyers have assisted victims across NSW to win with their medical negligence claims.

Compensation claims arising from injuries caused by medical negligence, also known as medical malpractice, are highly complex and to achieve the best outcome, you need the support of an accredited specialist in personal injury law. Victims of medical negligence face life-changing injuries and disabilities, that at their worst are catastrophic, but all significantly impact all aspects of their lives, their quality of life and even the lives of their families.

We’ve successfully helped people just like you to receive the financial compensation they deserve due to the negligence of doctors, hospitals, nurses, midwives and allied health professionals including physiotherapists. We understand that living with an injury or a serious medical condition usually involves endless medical appointments and makes it difficult to even perform basic activities of daily living. You may suspect that your medical condition or disability was caused by negligence on the part of your treating doctors but do not have the time to investigate those suspicions.

Although information is widely available these days, it might be difficult for you to find information that describes your individual circumstances. This makes it difficult for you to determine if the circumstances leading to your injuries amount to medical negligence. Similarly, you might not understand your legal rights and you might not realise that you are entitled to compensation for your injuries. We have included a selection of medical negligence cases that highlight the highly diverse nature of medical negligence claims and some of the compensation amounts that we are able to secure for those claims. Our selection of medical negligence cases will help you understand the following:

    • The different types of medical negligence
    • If your injuries are likely to arise from medical negligence
    • The injuries and losses that are compensable
    • How compensation is calculated

At Garling & Co, we work on a no win no fee basis to ensure that everyone has the means to fight their legal case. To learn if you are eligible, please fill out our free, no-obligation confidential case assessment form and we’ll get back to you within 24 hours alternatively, you can give our friendly team a call today at 02 8329 9500 for more information.

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We provide confidential, free case assessments.

Industry Experts

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

5 star client rating icon

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

Failed mastectomy and breast reconstruction.

The client underwent a failed mastectomy and botched breast reconstruction as a result of negligent advice by a surgeon.

Compensation: $420,000

Burns from cosmetic chemical peel.

Our client underwent a chemical peel at a skincare clinic which resulted in burns to her face.

Compensation: $40,000

Failure to diagnose meningitis resulting in brain injury

Our client presented to her local hospital with a severe headache, light-sensitivity and projectile vomiting. She was given Panadol and discharged home. A few days later, she returned to the same hospital and was critically ill. She was subsequently diagnosed with meningitis. She sustained injury to her brain.

Compensation: $6.5 million

Failure to diagnose colorectal cancer

Over the course of four years, our client regularly presented to her GP complaining of constipation and blood in her stools. Her GP attributed those symptoms to haemorrhoids and did not refer her for any investigations. She was eventually diagnosed with colorectal cancer. Her cancer was terminal at the time of diagnosis, and she had a significantly reduced lifespan.

Compensation: $1.6 million

Failure to offer an elective Caesarean section

Our client was pregnant with her first child and her pregnancy was uneventful until the last few weeks of her pregnancy. Her obstetric ultrasounds indicated that her baby was likely to be very large, which increases the risks of complications during labour. She was not given the option of a Caesarean section. Her labour was prolonged and complicated. Her son’s birth was delayed and he suffered a brain injury due to deprivation of oxygen to his brain during labour.

Compensation: $9 million

Failure to reduce a fracture with reasonable care

Our client injured his elbow during a game of soccer. He underwent surgery to re-attach a torn biceps tendon. During the surgery, one of the nerves in his elbow was punctured with a surgical pin used to re-attach the biceps tendon. He experienced excruciating pain following the surgery and a second surgery was required to explore the cause of his pain. During the second surgery, the surgical pin was discovered and removed to free the nerve. Unfortunately, his nerve was permanently damaged.

Compensation: $350,000

Unnecessary surgical treatment

Our client was referred by his GP to a neurosurgeon for advice on management of lower back pain. His symptoms did not warrant surgery. His neurosurgeon performed fusion of two levels of his spine instead of treating him conservatively. The surgery only made his lower back pain worse as the fusion placed other segments of his spine under a lot of pressure.

Compensation: $800,000

Failure to deliver a baby in a timely manner

Our client elected to give birth to her second child at a birthing centre. Her labour did not progress as expected and the midwives did not escalate her care to the obstetric team. Her child suffered a cardiac arrest during her labour. Fortunately, the baby girl was resuscitated, but she sustained a significant brain injury due to the cardiac arrest. The other suffered a psychiatric injury.

Compensation: $11 million child $200,000 mother

Failure to treat jaundice

Our client was born with jaundice. His parents were assured that the jaundice was not concerning and that it would resolve after a few days. A blood test was not performed to confirm this. He then developed kernicterus secondary to the untreated jaundice and suffered a brain injury.

Compensation: $8.5 million

Performing surgical treatment without consent

Our client underwent surgery on her uterus to alleviate heavy menstrual bleeding. The surgeon also tied her fallopian tubes during the surgery without her consent.

Compensation: $180,000

Failure to appropriately treat a hand injury

Our client fell in his garden and lacerated the palm of his right hand. He presented to his local hospital. Despite the fact that his wound was clearly contaminated by soil and other dirt from his garden, he was not given intravenous antibiotics and was not taken to theatre for an open washout and debridement of the wound in order to ensure the wound was clean. Instead, the wound was superficially washed with saline and then sutured, trapping microscopic debris inside the wound. He developed a nasty infection, which became chronic and ultimately resulted in amputation.

Compensation: $850,000

Failure to treat post-operative infection

Our client worked incredibly hard to lose weight. As a result of her weight loss, she was left with excess skin, particularly on her arms and tummy. She underwent plastic surgery to remove the excess skin. Her recovery was complicated by infection and her surgeon being dismissed of the early signs of wound infection. She suffered from a chronic infection for a period of almost four years underwent multiple surgeries to treat the infection.

Compensation: $800,000

Failure to diagnose cardiac disease

Our client experienced a feeling of heaviness in his chest and breathless while he was at work. He left work and presented to the nearest public hospital. A blood test and ultrasound of the heart were performed. His symptoms improved a few hours later and he was told that it was safe for him to go home and see his GP the following day. The results of his blood test and ultrasound became available after he left the hospital. Those results were not reviewed or communicated to Tony. Sadly, Tony suffered a heart attack and passed away at home the following day.

Compensation: $950,000

Failure to treat diabetic foot

Our client suffered from peripheral neuropathy due to his longstanding and poorly controlled diabetes. He presented to his GP on several occasions over the course of two weeks with a small ulcer on his big toe. The GP prescribed him antibiotics. His ulcer turned into osteomyelitis as the infection eventually involved the bone and he required amputation of his big toe.

Compensation: $650,000

Misdiagnosis of breast cancer

Our client has a significant family history of breast cancer. She underwent a routine breast ultrasound that reported the finding of a suspicious lump. Her GP did not appreciate the significance of those findings and assured her that she likely had a fibroadenoma, a common benign lump of the breast. One year later, on another routine ultrasound, the same suspicious lump was seen but it was much larger and there were suspicious lymph nodes seen. She was diagnosed with aggressive Stage 3 breast cancer.

Compensation: $900,000

Failure to diagnose lung cancer

Our client complained to her GP of abdominal pain. Her GP referred her for a CT scan of her abdomen. The lower segments of her lungs were visualised during the scan and a tiny lesion was found in her left lung. The GP did not pay attention to the incidental finding of the lung lesion. Three years later, our client began to complain of breathlessness and a persistent cough as the lesion had significantly grown. She was diagnosed with lung cancer.

Compensation: $950,00

Failure to diagnose bowel perforation

Our client underwent a colonoscopy. During the procedure, his bowel was perforated. Following the procedure, he complained of severe abdominal pain, but was assured that the pain that he was experiencing was normal and expected following a colonoscopy. A few days later, he returned to the hospital with a fever, chills and severe abdominal pain. He developed peritonitis and septic shock as a result of faecal matter spilling into his abdominal capacity.

Compensation: $200,000

Failure to diagnose pelvic mass

Our client presented to her GP with lower back pain. An MRI scan was performed and a suspicious pelvic mass was detected. She was referred to a specialist gynaecologist. She underwent a hysterectomy. She continued to experience back pain. Five years later, she was again referred by her GP for a scan and the same pelvic mass was discovered. The mass was a cancerous tumour.

Compensation: $1.1 million

Failure to diagnose viral brain infection

Our client presented to his local hospital with a severe headache and a sore eye. He was given eye drops and told that he probably had a migraine. A couple of days later, he began to feel generally unwell, disoriented and experienced a seizure. He collapsed. James had a viral infection that was affecting his eye and brain.

Compensation: $1.4 million

Botched breast augmentation

Our client underwent a breast augmentation. She was shocked when she finally saw the shape of her breasts and the apparent asymmetry in their size. She later discovered that her surgeon specialises in nose modification procedures and has only recently begun to perform breast augmentations.

Compensation: $300,000

Failure to diagnose spinal stenosis

Our client presented to his local hospital four times over the course of 18 months. He presented with disorientation and difficulty walking. Finally, an MRI scan was performed that diagnosed severe spinal canal stenosis. He underwent emergency surgery but continued to have ongoing functional impairments due to compression of his spinal cord for 18 months prior to diagnosis and treatment.

Compensation: $900,000

Misdiagnosis of skin cancer

Our client presented to her GP with an itchy irritated skin lesion inside one of her ears. She was diagnosed with psoriasis and treated with an ointment. Her lesion kept recurring over a period of almost 5 years. She saw another GP, who referred her to a dermatologist. The lesion was cancerous on biopsy. Unfortunately, the cancer had metastasised to her inner ear and she required extensive surgery.

Compensation: $550,000

Failure to diagnose brain tumour

Our client presented multiple times to her GP with symptoms of cognitive decline. She complained of difficulty concentration and difficulty in articulating her speech. She was referred to a psychologist as her GP considered that her symptoms were secondary to anxiety or depression. Despite being cleared by the psychologist and worsening symptoms over the course of two years, her GP dismissed her concerns. She insisted on a referral to a neurologist and was referred for a brain scan. A benign brain tumour was diagnosed.

Compensation: $700,000

Delayed diagnosis and treatment of appendicitis

Our client presented to her local hospital with abdominal pain and vomiting. She was told that she had a stomach bug and told to go home and drink lots of fluid. She returned the following day with worsening symptoms. She was reassured and told to go home. She woke up the following day with excruciating pain and an ambulance transported her to the hospital. An ultrasound was performed and found that her appendix had ruptured.

Compensation: $150,000

Delayed diagnosis and treatment of blood clot

Our client presented to her GP on a Saturday with a painful and swollen right leg. Her GP gave her a referral for an ultrasound to be performed the following week. The following day, she was found unconscious by her mother. The symptoms in her leg were caused by a blood clot that dislodged and travelled to her lungs. She almost died. Fortunately, she was able to be resuscitated and survived. She developed a severe psychiatric injury.

Compensation: $250,000

Delayed diagnosis of septic arthritis

Our client presented to her GP with a sore ankle. She was told that she likely sprained her ankle despite denying any physical injury to her ankle. Her pain worsened and she began to feel generally unwell and lethargic. Her GP dismissed her concerns and told her to continue to rest her ankle. Her symptoms continued to worsen. She eventually presented to her local hospital and an x-ray was performed. She was diagnosed with osteomyelitis and septic arthritis secondary to superficial shaving cuts on her ankle.

Compensation: $750,000

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 through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
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