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Medical Negligence Lawyers Sydney

Are you having to deal with an injury or illness caused by a negligent medical practitioner? At Garling & Co, we specialise in assisting people across NSW win their Medical Negligence Claims and secure the compensation they deserve.  Medical Negligence Claims are also known as and referred to as Medical Malpractice Claims.

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5-Star Client Rating

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

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

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

No Win No Fee

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

5-Star Client Rating

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

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

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

No Win No Fee

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

We specialise in Medical Negligence Compensation Claims

What Is A Medical Negligence Claim?

Medical Negligence (medical malpractice) occurs when a health professional or institution operates outside of standard, competent medical procedure which then results in an injury. The negligence can occur during diagnosis, operation/treatment, and post operation/treatment as well.

How Do I Prove Medical Negligence?

To make a claim for medical negligence you need to prove;

  1. A duty of care was owed to you. Your doctor or the hospital owed you a duty of care while performing a surgery, providing medication, etc.
  2. A breach of duty took place. This is proven by demonstrating that the doctor or hospital acted outside of what would be considered standard, competent medical procedure.
  3. It is necessary to prove that a specific breach of care caused, or at least contributed to the subsequent injury.
  4. Once we have successfully proven that breach of duty caused or contributed to the injury, you must prove that the breach of duty of care caused your injury.

What Can I Claim Medical Negligence Compensation For?

You can receive compensation for:

  • Payment of past and future medical expenses
  • Reasonable and necessary attendant care, domestic assistance and home modifications
  • Past and future loss of income
  • Pain and suffering – which incudes actual pain and loss of enjoyment of life.

Who Can You Make A Medical Negligence Claim Against?

  • GPs
  • Dentists
  • Hospitals
  • Specialists
  • Chiropractors
  • Physiotherapists
  • Massage therapists
  • As well as many others

How Long Does A Medical Negligence Claim Take?

Depending on the severity of the injury and complexity of the case, it is not uncommon for medical negligence cases to take 2 or 3 years to resolve. It is not always possible to tell how long one specific case may take, it depends on a number of factors which can be out of the control of your lawyer.

It will also be necessary for injuries to stabilise before starting a case, because the legal team will need to assess the impact that the injury will have on your life before medical evidence can be obtained and this usually takes a least 1 year.

How Much Compensation Will I Get For Medical Negligence?

Again, it is impossible to pre-determine how much compensation you will receive as a result of your injuries.

Usually, the more severe your injuries are or the larger the impact they have had on your life, the more compensation you are entitled to. The payout can be between tens of thousands of dollars to millions of dollars.

Are There Time Limits When It Comes To Making A Medical Negligence Claim?

In NSW, you must lodge your claim within 3 years of the date of discoverability. That is the date you knew or ought to have known you had a right to make a claim for compensation for your injury.

To be certain you are within the required time limit its best to start the claim within 3 years from the act of negligence.

Why Choose Us For Your Medical Negligence Claim?

Medical negligence claims are a highly complex area of compensation law. Thankfully, our team of medical negligence lawyers have over 20 years of experience and can take you through the entire process. We’ll help you to establish whether you have a claim or not and talk you through all the specifics before any legal action is taken.

If you’d like to speak to our highly experienced medical malpractice lawyers about making a claim, please call 1300 851 201 or send us an email. Alternatively, you can complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

  • We have a 5-star client rating
  • No win no fee cost agreements
  • Confidential, free case assessments
  • Our team specialises in medical malpractice claims
  • We’re fully accredited with over 20 years of experience

We’ve helped hundreds of people win their compensation claims

At Garling & Co, our goal is to win your medical negligence claim and we won’t stop fighting for you. We’ve successfully helped hundreds of medical malpractice sufferers across NSW win their compensation claims and relieve some of the burdens they face. To see how we’ve helped people just like you, take a look at our Testimonials page.

Claims Case Studies

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.

Erin & Tom L.
04:25 21 Sep 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
Glen C.
03:15 04 Aug 21
Mathew was highly personable and easy to talk to .From the outset I had full confidence in his ability and professionalism .Matthew and his team contacted me only as the process required , his... approach was purposeful and effective.I was very pleased with the result.I have no hesitation in recommending him to anyone in need of a lawyer.read more
Teresa M.
03:07 04 Aug 21
Fantastic service. Very professional and prompt.

Frequently Asked Questions

1/ Can I sue the person responsible for my injuries?

Yes.  Broadly speaking, if you sustain an injury as a result of the negligence of another, you can sue that person for the injury and its consequences.

The law is different depending on the circumstances in which you sustain an injury.

If you sustain an injury at work, you can sue your employer; however, this is modified by the Workers Compensation Act (NSW) 1987.

If you get injured as a result of a motor vehicle accident, then this is modified by the Motor Accidents Compensation Act (NSW) 1999.

Other circumstances where you may wish to sue for injuries might be as a result of:

  • An assault by another person
  • Negligence of a doctor
  • A slip and fall when you are on someone else’s premises
  • An injury sustained while on public land
  • Injury at work caused by someone other than your employer

These claims are now in large part modified by the Civil Liability Act 2002 (NSW).

The Act sets out three conditions that must exist before negligence can arise.

A person is not negligent in failing to take precautions against a risk of injury unless

  • It was a risk of which the person knew or ought to have known
  • The risk was not insignificant
  • A reasonable person in the circumstances would have taken those precautions

When considering these matters the Court must take into account the following

  • The probability of the harm occurring if care were not taken
  • The likely seriousness of the harm
  • The burden of taking precautions to avoid the risk of harm
  • The benefit to society of the activity that creates the risk of harm

Each case is determined on its own facts and circumstances, applying the principles as outlined above.

The law of negligence is complicated, and you will need the assistance of a Lawyer who is an expert in personal injury law to advise you whether or not you have a claim for compensation under the Civil Liability Act.

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