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 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 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

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.

Keith H.

20:51 23 Apr 24

After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more

Anthony T.

00:50 16 Apr 24

Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.

Mikaele N.

03:01 15 Apr 24

Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more

Tamara L.

02:10 15 Apr 24

I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more

Sigrid W.

05:01 11 Apr 24

Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more

BJ S.

01:09 09 Apr 24

Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more

Jaimie K.

06:11 02 Apr 24

Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more

Tyson Langanke (Five Star W.

00:30 02 Apr 24

I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more

Shaylee C.

09:54 27 Mar 24

I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more

Simona M.

05:11 26 Mar 24

Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.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

Keith H.

20:51 23 Apr 24

Anthony T.

00:50 16 Apr 24

Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.

Mikaele N.

03:01 15 Apr 24

Tamara L.

02:10 15 Apr 24

Sigrid W.

05:01 11 Apr 24

BJ S.

01:09 09 Apr 24

Jaimie K.

06:11 02 Apr 24

Tyson Langanke (Five Star W.

00:30 02 Apr 24

Shaylee C.

09:54 27 Mar 24

Simona M.

05:11 26 Mar 24

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