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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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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.

We specialise in Medical Negligence Compensation Claims

What Is Medical Negligence?

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.

Read more about how to prove medical negligence here. 

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 by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

FREE Confidential Case Appraisal

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  • Check if you’re eligible for compensation

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

Medical Negligence FAQs

1. The impact of medical negligence on patients

  • Physical consequences

Medical negligence can result in various physical consequences, including pain, disability, or the worsening of a pre-existing condition. In severe cases, medical negligence can even cause death.

  • Emotional and psychological consequences

The emotional and psychological impact of medical negligence can be profound. Patients may experience anxiety, depression, loss of trust in healthcare providers, and a fear of seeking medical care in the future. At times, a psychological injury could be so severe that it results in debilitating symptoms that impact all aspects of a person’s life including their capacity to work, ability to attend to activities of daily living and of course, their quality of their life.

  • Financial consequences

Medical negligence can lead to financial burdens due to medical bills, loss of income, and the cost of ongoing care or rehabilitation. In some cases, patients may be unable to work or may require lifelong assistance. This often puts pressure on not just the patient but also the entire family unit.

 

2. How to determine if you are a victim of medical negligence

  1. Signs of medical negligence

There are a few common signs that may indicate medical negligence. These can include unexplained pain or discomfort, lack of improvement or worsening of your condition despite treatment, or unexpected complications or side effects. Some patients only ever realise that they have suffered a poor outcome due to medical negligence when they seek a second opinion, and the second doctor expresses concerns about the treatment that they had received.

  1. Consult a specialist

If you suspect medical negligence or are concerned about the lack of improvement or worsening of a disease or condition despite treatment, you need to seek a specialist opinion. You could ask your treating GP to refer you to a specialist. If you are already under the care of a specialist but have lost confidence in that doctor and are unsure about your treatment plan, you could ask your GP to refer you to another specialist for a second opinion. You could also seek a second opinion in relation to treatment options, for example, conservative treatment vs surgical intervention.

There are other avenues open to you if you would like clarification of the care and treatment that have been provided to you. Hospitals often have a patient liaison officer that you can approach and convey your concerns about care and treatment. Sometimes, an internal investigation is conducted, and a conference is arranged with the patient to address their concerns. You can also approach the Health Care Complaints Commission of NSW (the ‘HCCC’) and submit a complaint against a healthcare provider. If the HCCC decides that your complaint warrants an investigation, a panel of independent doctors will consider the nature of the treatment that was provided to you and determine if the treatment was reasonable. The HCCC may refer your complaint to the Australian Health Practitioner Regulation Agency for further investigation and potentially, disciplinary action.

  1. Seek legal advice

It is essential to consult with a medical negligence solicitor, ideally one who is an accredited specialist.  They can help you understand your legal rights, conduct a thorough investigation, and guide you through the process of filing a claim in court. A medical negligence specialist will be able to determine if you have a viable case and will advise you on the best course of action. It is also crucial that you seek legal advice as soon as you suspect medical negligence has occurred.  Claims must be commenced within a prescribed timeframe, subject to the applicable limitation laws.

3. What to do if you're suffering due to medical negligence

  1. Report the incident

If you believe that you have suffered an injury or disability due to medical negligence, it is sensible to report the incident to the healthcare provider, hospital or medical facility involved. This can help prevent similar incidents from happening to others and may prompt the provider to implement protocols or guidelines to minimise the risk to other patients. Sometimes, medical facilities such as hospitals conduct investigations into the circumstances surrounding the negligence and identify deficiencies in their internal systems and take action to remedy those deficiencies, which may include retraining of their staff.

You can also approach the Health Care Complaints Commission of NSW (the ‘HCCC’) and submit a complaint against a healthcare provider or medical facility. The HCCC considers your complaint and decides if an investigation is warranted. The HCCC have a panel of independent doctors who can consider the nature of the treatment that was provided to you and determine if the treatment was reasonable. The HCCC may refer your complaint to the Australian Health Practitioner Regulation Agency for further investigation and potentially, disciplinary action.

  1. Pursuing a medical negligence claim

A medical negligence claim can help you recover compensation for your physical injuries, emotional suffering and your out-of-pocket expenses. You may also claim the cost of ongoing care and assistance and any loss of earnings. To pursue a claim, you will require a copy of your relevant medical records, documentation of your injuries from your treating doctors, and expert evidence is support of the allegations of negligence and the likely cause of your injuries and disabilities. Your solicitor will be able to request your relevant medical records, review those records, determine if your case is viable and procure all of the necessary expert evidence on your behalf. Your solicitor will guide you through the investigation stage and the litigation process. Your solicitor will advance the best arguments on your behalf to mount your claim and will act in your best interests during any settlement negotiations to ensure that you attain reasonable compensation and the best outcome possible. Your legal team will also represent you at any hearing of your claim, should your matter proceed to hearing.

 

4. How long do I have to file a medical negligence claim?

The time limit for filing a medical negligence claim, known as the statute of limitations, varies depending on the date on which the alleged negligence occurred and the state or territory where the alleged negligence occurred.  It is essential to consult with a medical negligence solicitor as soon as possible to ensure you do not miss the limitation deadline.

5. Can I file a medical negligence claim if my family member died due to negligence?

Yes, you may be able to pursue a wrongful death claim on behalf of your deceased family member or on behalf of any dependents of the deceased family member if the death resulted from medical negligence. Speak with a medical negligence solicitor to understand your legal options.

6. What damages can I recover in a medical negligence claim?

If you can establish medical negligence, you will be entitled to compensation. The compensation would ultimately depend on the nature, extent and severity of your injuries and any associated physical limitations. Compensation in a medical negligence claim may include the cost of past and future personal care and domestic assistance, medical expenses, allied health expenses, lost wages, pain, and emotional distress. There are specific caps and thresholds applicable to compensation claims and these are set out in the relevant legislation. Your medical negligence solicitor will be able to explain those matters to you and advise you on the categories of compensation to which you are entitled.

In some cases, involving intentional wrongful acts by health practitioners, such as treatment without consent, you may be entitled to claim exemplary damages.

7. How much does it cost to hire a medical negligence lawyer?

Many medical negligence law firms work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. A law firm will provide you with a retainer that sets out the basis on which they are prepared to act for you and provide you with their legal services.  Be sure to carefully read the retainer and discuss the fee structure with your solicitor before retaining a lawyer and proceeding with your case. It is open to you to seek independent legal advice regarding the terms of the retainer.

8. What is the standard of care in a medical negligence case?

The standard of care refers to the level of care that a reasonably competent healthcare professional provided at the time the service was provided. In New South Wales, the standard of care is one that is widely accepted in Australia by peer professional opinion (doctors of the same specialty) as competent professional practice. To establish negligence, one of the elements of negligence that you must prove is that a healthcare provider failed to treat you in a manner that was consistent with the standard of care at the time that the treatment was provided.

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