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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.

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

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
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
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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