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 a duty of care was owed to you and a breach of duty took place,

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 and many more.

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.

How Much Compensation Will I Get For Medical Negligence?

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 Garling & Co 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.

Failure to examine Doctor negligence claims

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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

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 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.

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

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.

Call now to start your claim 02 8329 9500

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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.

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

Anonymous 1.

22:02 04 Sep 25

I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more

Sammy R.

01:07 04 Sep 25

Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more

Donelle L.

20:37 11 Aug 25

So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best

Rachel J

01:46 09 Aug 25

The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more

Ros P.

07:12 29 Jun 25

Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.

Chris G

01:25 23 Jun 25

My experience with Garling & Co has been a positive one throughout the claims process. Matthew, Emily, Emma and Rebecca have been responsive, understanding and supportive during my ongoing recovery.

Sandra C.

04:11 16 Jun 25

Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.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

steve J.

00:38 29 Sep 25

Mark W.

10:50 17 Sep 25

Elyce

22:22 06 Sep 25

Anonymous 1.

22:02 04 Sep 25

Sammy R.

01:07 04 Sep 25

Donelle L.

20:37 11 Aug 25

So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best

Rachel J

01:46 09 Aug 25

Ros P.

07:12 29 Jun 25

Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.

Chris G

01:25 23 Jun 25

My experience with Garling & Co has been a positive one throughout the claims process. Matthew, Emily, Emma and Rebecca have been responsive, understanding and supportive during my ongoing recovery.

Sandra C.

04:11 16 Jun 25

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