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 Refer for Further Testing

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.

Experts in Medical Negligence claims

Your GP is your first point of contact when you are not feeling well. A prudent GP will carefully listen to your health complaints, obtain a detailed medical history and perform a thorough physical examination. Based on the information obtained from you and the findings on your physical examination, your GP will either make a diagnosis or refer you for diagnostic investigation of your symptoms. Many patients incorrectly assume that if their GP has not contacted them in relation to test results that the results are assuring. While this may be true in some cases, it is not always the case. Sometimes, due to administrative oversight, a GP is not aware of the availability of test results and does not see those results. It is also possible for a GP to read test results and recognise the need to contact the patient, but this does not occur due to oversight. In addition to requesting appropriate diagnostic investigations, your GP must follow up your results and must notify you of any abnormal or concerning results. These days, many GPs use software with a built-in prompting system to automatically notify patients of the availability of test results and the need to make an appointment with the doctor to discuss those results. Despite those measures, it is probably sensible to make an appointment with your GP if you are expecting test results as this is likely to minimise the risk of your results being overlooked.

In addition to following up test results and communicating the results to the patient, a prudent GP must also act on any recommendations for additional diagnostic investigations. For example, your GP may refer you for a CT scan. However, the reporting radiologist may include a comment in the results that a CT scan is unlikely to show a specific abnormality and therefore, further investigation by MRI scan is recommended. Another example is one where a radiologist might identify an abnormality but cannot determine based on the radiology alone if the abnormality is benign or malignant and recommends a biopsy. A prudent GP must act on those recommendations and refer you as necessary.

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.

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

Frequently Asked Questions

1. What constitutes a failure to organise appropriate testing claim?

If your doctor fails to refer you for testing or diagnostic investigations that are considered by peer professional doctors as necessary, it would constitute a failure to organise appropriate testing.

2. How do I know if I have a valid failure to organise appropriate testing claim?

If you suffer an injury as a result of the doctor’s failure to organise appropriate testing, you may have a claim for compensation arising from the failure to do so. Expert medical opinion will be required to prove that testing was required and that the failure to organise appropriate testing represents a departure from reasonable care and has resulted in your injury

3. What types of situations or conditions typically involve failure to organise appropriate testing claims?

The health outcome or prognosis of any serious condition or disease could be adversely impacted by a doctor’s failure to organise appropriate medical testing if the failure to organise testing caused a delay in diagnosis and treatment. For example, a failure to organise appropriate testing for patients with undiagnosed cancer can have serious implications for the patients and even a significantly reduced life expectancy. Other situations may involve infection, vascular conditions or physical trauma such as fractures or neurovascular injuries.

4. What are the potential consequences of a failure to organise appropriate testing by a healthcare provider?

Consequences of a failure to organise appropriate testing in a timely manner can range from minor to life-threatening. Consequences for the patient include the following:

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

5. How can I prove that there was a failure to organise appropriate testing in my case?

If you suspect that a doctor has failed to organise necessary testing and this has caused you to suffer an injury or poor health outcomes, you will need to contact a solicitor who specialises in medical negligence litigation. Your solicitor will investigate a claim on your behalf and obtain the necessary evidence on your behalf. Ultimately, expert opinion will be required in support of the allegations of negligence against your doctor and the cause of your injuries.

6. What compensation can I seek in a failure to organise appropriate testing claim?

The compensation that is available to you depends on the nature, extent, severity and impact on your injuries on all aspect of your life. It also depends on your prognosis. Generally, you can claim the costs of past and ongoing medical treatment, allied health intervention, care, domestic assistance and lost earnings. You can also claim compensation for your pain and suffering as a result of your injuries. Your medical negligence specialist will be able to determine the compensation that is available to you and give you comprehensive advice on that aspect of your claim.

More Faqs

YKHADZ

00:11 25 Feb 26

Howard P.

00:54 23 Feb 26

Fiona C.

05:55 19 Feb 26

Alyssa F

08:02 31 Dec 25

Richard R.

07:58 02 Dec 25

Graeme M.

04:22 29 Oct 25

Melanie F.

00:20 18 Oct 25

steve J.

00:38 29 Sep 25

Mark W.

10:50 17 Sep 25

Elyce

22:22 06 Sep 25

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