Medical Negligence Lawyers Sydney

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.