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Failure to examine negligence claims

Seeking Compensation for Negligent Examinations? Hold Healthcare Professionals Accountable for the Harm You’ve Suffered. Explore Your Options for Medical Negligence Claims Today.

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

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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 claims

Your GP plays an important role in the provision of healthcare and timely diagnosis and treatment. Your GP requires important information such as your medical history and your symptoms in order to identify potential differential diagnoses and the nature of diagnostic investigations required to make a diagnosis. A thorough physical examination is crucial as it provides critical clinical information to your GP that goes hand-in-hand with your complaints and symptoms. A GP can exclude certain conditions by performing a thorough physical examination. A GP can also make a diagnosis by combining the information obtained from you in relation to your symptoms and the findings on physical examination. In the absence of an adequate physical examination, a GP will not have the benefit of assessing the entire clinical picture and this may lead to misdiagnosis or a delay in diagnosis and treatment. 

If you are living with a poor health outcome as a result of a GP failing to physically examine you, you may have a medical negligence claim. Garling and Co. Lawyers are here to assist you and support you through the journey to achieving reasonable compensation.

 

If a doctor’s failure to examine a patient leads to a misdiagnosis or delayed diagnosis, which in turn causes harm to the patient that would not otherwise have occurred, a court may find that the lack of a timely or thorough physical examination was an act of negligence. In other words, if the early examination, diagnosis and treatment of the condition would have prevented the harm, there may be grounds for a medical negligence claim.

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.

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.

YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
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.read more
Alyssa F
08:02 31 Dec 25
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.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more

Failure to examine Frequently Asked Questions

1. What is a failure to examine claim?

This is a claim for compensation arising from injuries sustained by a patient due to a misdiagnosis or delayed diagnosis of a condition as a result of a doctor’s failure to perform a thorough physical examination. The patient usually suffers injury due to a lack of, or delay in, receiving appropriate treatment because of misdiagnosis or delayed diagnosis.

2. How do I know if I have a valid failure to examine claim?

If you are living with injuries or a poor prognosis caused by a delay in diagnosis and treatment and you are unsure if this is the result of your doctor’s failure to examine you, you should promptly seek legal advice. An experienced medical negligence solicitor will be able to share their experience with you and investigate a potential claim on your behalf.

3. What are the common types of harm that can results from failure to examine?

The most common types of harm that can result from a doctor’s failure to examine are as follows:

  • A delay in receiving appropriate treatment
  • Deterioration or worsening of symptoms
  • Evolution or progression of a disease or condition
  • Metastasis in cancer cases
  • Reduced treatment options
  • Reduced effectiveness of treatment options
  • Poor prognosis
  • Reduced life expectancy
  • Death

4. How long do I have to file a claim for failure to examine?

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of the doctor and the injury is worth suing over.

5. What evidence is needed for a failure to examine claim?

Evidence will be required to mount a claim for injury arising from a failure to examine. This evidence includes a copy of the relevant medical records, lay evidence such as your statement and statements from any witnesses. Evidence will also be procured by your lawyer from suitably qualified medical experts. For example, expert evidence from a GP is required in a claim against a GP for failure to perform a physical examination.

More Faqs
YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
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.read more
Alyssa F
08:02 31 Dec 25
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.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more

Seek Other Medical Negligence Claims

Have you suffered a serious injury?

We specialise in helping people recover compensation for serious injuries. To see if your case qualifies, please complete our Confidential Free Claim Check. Our experienced lawyers will review your information and contact you the next business day if 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.

YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
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.read more
Alyssa F
08:02 31 Dec 25
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.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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4.9