1
Step 1
Surgical Negligence
If you've been injured due to surgical negligence or incorrect advice or treatment, it’s possible you may have a claim for medical negligence.
Garling & Co have surgical negligence lawyers who can help you bring about a claim for compensation.
Complete in 2 minutes
Check if you're eligible for compensation
Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours
What type of claim check are you looking for?
We Specialise in Surgical Negligence Claims
Can I make a surgical negligence claim?
If you have obtained an injury as a result of surgical negligence, you may be able to make a surgical negligence claim. Suffering a surgical injury is an incredibly traumatic experience, and our medical negligence lawyers at Garling & Co are on-hand to help support you and guide you through the legal process with seeking compensation.
A surgical error is a mistake that has occurred as a result of a surgeon or healthcare professional’s negligence during surgery or a medical procedure. If you have suffered from physical, psychological or financial trauma as a result of surgical negligence, then you may be able to make a surgical error claim.
Get in contact with one of our experienced and professional surgical injury lawyers at Garling & Co for a confidential discussion about your circumstances and whether you may have a surgical error claim.
How The Claims
Process Works
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
2
Step 2
Understand what you are entitled to, the process and timeframe
3
Step 3
Proceed on a No Win No Fee basis
4
Step 4
Your case is built using the best experts to achieve the optimum result
5
Step 5
You will be kept updated throughout the process
6
Step 6
We will secure the financial result in the shortest possible timeframe
Have you suffered a
serious injury?
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients
Are Saying
Featured Testimonial
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.
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.
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.
Surgical Negligence Frequently Asked Questions
The most common types of negligent treatment that you may be able to make a surgery or emergency medical malpractice claim for include:
- Misinformation about whether you were an appropriate candidate for surgery
- The surgery not being performed with the reasonable care or skill required of the surgeon
- The medical professional not providing you with adequate and proper post-surgical care correspondent to their skill level
- Failure to inform you of potential risks of complications of surgery
Some examples of surgical negligence include:
- Complications with cardiac surgery as a result of a surgeon’s mistake
- Injuries from incorrectly completed orthopaedic surgery
- Complications from eye surgeries like laser eye surgery
- Infections resulting from inadequate post-operative care
- Complications from cosmetic procedures like breast augmentation
Health care providers have a duty of care to you when they are treating you, and if they breach this duty of care, then they may be liable for any harm caused to you. In this case, you may be owed compensation for the surgical error that occurred and the suffering that this has caused you.
In the case of surgical negligence, a ‘provider’ could be a hospital, nurse, doctor, assistant, dentist, lab personnel, a pharmacist or another allied health professional.
The amount of compensation you receive as a result of your surgical error claim will depend on the amount of harm, suffering and/or loss that you have experienced as a result of the surgical or emergency medical malpractice.
Your medical negligence lawyer can construct a case where you claim for:
- Loss of enjoyment of life/pain and suffering damages
- Loss of income (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.
Our surgical error lawyers at Garling & Co work on a No Win No Fee basis, so if we take on your surgical error claim and we don’t win – you won’t pay us a cent! If you receive a settlement for your surgical error compensation claim then you’ll be liable to pay our fees based on the cost of our investigation and any legal work we have performed after proceedings have been issued.
Disbursements (referring to the out-of-pocket expenses that we pay to other people to investigate your surgical error claim, such as independent medical experts) must be paid whether we win or lose your surgical negligence case.
In order to make a surgical error claim, you’ll need to get in contact with the surgical injury lawyers at Garling & Co as soon as possible to ensure we can lodge your claim for you within the strict time limits.
Our expert surgical error lawyers will be able to professionally assess your circumstances and advise you on the best course of action for your surgical or emergency medical malpractice compensation claim. We can also seek the opinion of independent medical experts regarding your claim, after which we will represent you on your behalf at court, mediation sessions and settlement hearings.
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 known you have an injury from surgical error.
It’s best to get in contact with one of the surgical error lawyers at Garling & Co as soon as possible to discuss your individual situation and to make sure you don’t miss out on any deadlines.
Your surgical or emergency medical malpractice compensation claim may take several years, especially if it’s required to wait for your injuries to stabilise before proceeding with the case. Your surgical error lawyer from Garling & Co will be able to give you a firmer time estimate on your surgical error claim when you speak with them.
Garling & Co Lawyers are one of NSW’s leading work-related injury law firms and have lawyers who are experienced in acting on behalf of injured labourers and tradesmen. We have a 98% success rate and will assist you through the whole claims process.
Find out more about Medical Negligence
Medical Negligence
Lawyers in Sydney &
NSW
Helping seriously injured people secure the compensation they deserve so they can return to enjoying life.
Doctor Negligence Lawyers
If the care you received from a doctor or GP falls below an acceptable standard leading to illness, injury, or worsened existing conditions, you may have the right to claim compensation for your pain and suffering and associated financial losses.Take action today and secure the justice you deserve by contacting our experienced Doctor Negligence Lawyers.
Medical Misdiagnosis
If you have been injured or suffered damage as a result of a medical misdiagnosis and you think you have a claim, get in touch today.Garling & Co have medical misdiagnosis lawyers who can help you bring about a claim for compensation.
Read the latest news in Medical Negligence
Medical Negligence
29 April 2026
min read
Complaints to the NSW Health Care Complaints Commission
Navigate the process of lodging complaints with the NSW Health Care Complaints Commission. Discover essential advice and steps for effective action.
Medical Negligence
29 April 2026
min read
Delay, misdiagnosis & failure to diagnose medical negligence claims
What does delay mean? Example: your test results show that you have cancer but your does not act on the information contained in the test and you suffer
Medical Negligence
29 April 2026
min read