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Failure To Diagnose Prior To Hospital Discharge

Have you experienced the distressing situation of being discharged from a hospital without receiving a proper diagnosis for your condition? This failure to diagnose can have severe consequences, including prolonged suffering, delayed treatment, and potential complications.

At Garling & Co Lawyers, we specialise in assisting people in NSW seek justice and obtain the compensation they deserve for the harm caused by the failure to diagnose prior to hospital discharge.

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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.

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 Failure to Make a Diagnosis Prior to Discharge Claims

Although many health conditions are manageable by a GP or specialist, most people require emergency hospital care and treatment at some point in their lives. Patients usually present to their local hospital’s emergency department when dealing with a medical emergency. Patients who present to a local hospital with severe pain are generally promptly given analgesia for pain relief, and many patients report feeling better after receiving adequate analgesia. This improvement in pain could be misleading and may falsely reassure hospital staff (and patients) that the patient’s health condition has resolved, and the patient is fit to be discharged home.

A decision is then made to discharge the patient based only on the resolution of the patient’s pain complaints and without the benefit of a diagnosis that explains the symptoms.

For example, a patient may present to a hospital’s emergency department with abdominal pain, nausea, and vomiting. The patient’s symptoms resolve after being given medication to settle their stomach and manage the pain. The patient is then told that the cause of the symptoms is likely due to consuming contaminated food, and the patient is reassured and discharged home. A few hours later, after the effect of the medications wears off, the patient’s symptoms return. The patient relies on the hospital’s earlier advice and is not concerned about the symptoms. Two days later, the patient experiences excruciating abdominal pain and loses consciousness. The patient returns to hospital, and this time, an abdominal ultrasound is performed, and a ruptured appendix is diagnosed. The patient had presented to that hospital with appendicitis two days earlier and was discharged without a diagnosis.

Suppose you or a loved one are living with an injury or poor health due to a delay in diagnosis and treatment arising from the failure of a public hospital to provide you with reasonable care. In that case, you may be entitled to compensation. Contact the personal injury specialists at Garling and Co Lawyers for a free consultation to discuss your legal rights and potential entitlements to compensation.

 

Types Of Claims:

  • Delayed Diagnosis Compensation
  • Misdiagnosis
  • Failure to Provide Timely Treatment
  • Negligence in Follow-up Care

 

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims relating to the failure to diagnose prior to hospital discharge requires specialised legal expertise. At Garling & Co Lawyers, we have a skilled team with extensive experience in handling such cases. We will guide you through the entire process, meticulously evaluating your claim and providing expert guidance tailored to Failure to Diagnose Prior to Hospital Discharge. 

To discuss your case with our highly knowledgeable lawyers, please reach out to us on 1300 851 201 or via email. Alternatively, you can fill out our Confidential Case Assessment form, free of charge and without any obligation. Expect a response within 24 hours as we provide the support and guidance you need during this challenging time.

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

Delayed Diagnosis Compensation Frequently Asked Questions

1. Can you sue a hospital for delayed diagnosis?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury or loss due to a hospital’s failure to diagnose and treat your condition prior to discharge.

2. What am I able to claim for a delayed hospital diagnosis?

If you succeed in proving negligence, you would be entitled to compensation. Compensation may include pain and suffering, the cost of personal care and domestic assistance, medical and allied health treatment costs, and any lost earnings. The value of your claim would depend on the nature, extent and severity of your injuries and any losses you may have suffered.

3. Can you sue a hospital for wrong diagnosis?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury or loss due to a hospital’s failure to make an accurate diagnosis.

4. How long will my hospital diagnosis claim take?

If your injuries have stabilised, it may take your lawyer six to 12 months to investigate your claim and obtain all the required expert evidence on your behalf to enable formal legal proceedings to be commenced. It may take a further 12 to 18 months to finalise your claim. These timeframes vary as each claim has its individual circumstances. 

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
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