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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.

Free Case appraisal

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

Why choose us for your medical malpractice 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.

Who can you make a medical negligence claim against?

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

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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.

2/ Can I sue my employer for my injuries?

Yes.  You can sue an employer for injuries sustained under the Workers Compensation Act (NSW) 1987 if you can establish the following:

  1. That you have an assessment of whole person impairment of 15% or greater and;
  2. That you sustained your injury as a result of your employer’s failure to take reasonable care while in the course of your employment.

If you can establish both of these then you have an entitlement to seek payment of compensation as modified by the Workers Compensation Act.

The Workers Compensation Act allows only for payment of compensation in respect of past and future loss of income.

You are not entitled to claim damages for pain and suffering, future medical treatment, or future care and assistance in a claim against an employer.

These restrictions only apply to a claim for negligence against an employer.  They and do not apply in a claim against a non-employer.

The most common example of this is on a building site. A worker may get injured as a result of scaffolding collapsing, which was not the fault of the employer (for example, a plastering company) but it was the fault of the person who erected the scaffolding. You can sue the person or company responsible for erecting the scaffolding.

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