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 Adequately Manage and Treat Infection Claims

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.

We Specialise in Failure to Adequately Manage and Treat Infection Claims

Most, if not all, surgical procedures are associated with a risk of infection. Signs and symptoms of infection can appear while a patient remains an inpatient of a hospital or after a patient has been discharged home from a hospital. Infection often delays and impedes post-operative healing and recovery and may even result in failure of the surgical procedure.

If an infection is not treated quickly and effectively, it could become chronic and may require treatment over many months. Some patients require hospital admission for treatment with intravenous antibiotics and even surgical debridement of infected and necrotic tissue to facilitate healing.

The infection could also evolve into sepsis, which can cause multiple organ failure and could become life-threatening. Timely diagnosis and treatment of infection are associated with better outcomes.

If you or a loved one are living with the poor outcome of an infection and suspect that the infection could have been treated much quicker or better than it was, you could be entitled to compensation. Contact Garling and Co Lawyers today for free legal advice on your rights and discuss the avenues available for fair compensation.

Types Of Claims:

Delayed or Misdiagnosis Compensation
Inadequate Treatment and Care
Medication Errors
Failure to Monitor and Respond to Infection
Failure to Follow Infection Control Protocols
Surgical Site Infections
Hospital-Acquired Infections
Wrongful Death

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims related to the failure to adequately manage and treat infections can be complex. Our experienced team at Garling & Co Lawyers is dedicated to assisting individuals in pursuing their claims for compensation. With our in-depth knowledge of hospital negligence laws and extensive experience in handling such cases, we are here to guide you through the legal process.

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. We are committed to providing you with the support and legal representation you need to seek justice for the inadequate management and treatment of your infection.

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.

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 Adequately Manage and Treat Infection Frequently Asked Questions

1. How much compensation can I receive if I sue a hospital for failing to effectively treat an infection

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.

2. What is a common infection in hospital

Staphylococcus Aureus infection is a common type of infection that is experienced by patients. This is also known as ‘golden staph’. Infection can develop following surgical procedures or secondary to trauma. For example, deep lacerations could become infected if they are not appropriately treated. Another example is the infection of foot ulcers in diabetic patients.

3. Is the hospital liable for my infection if it was diagnosed after I was discharged?

Yes, a hospital could still be liable for injuries sustained due to a failure by a hospital to prevent or adequately treat an infection whilst the patient was under the care of that hospital, even if the infection was diagnosed after the patient’s discharged. An example of this scenario is a person who presents to a hospital with a deep laceration and the laceration is not appropriately managed as to prevent infection and the patient is discharged from the hospital and returns to the hospital with an infection days after discharge. Another example is a patient who presents to a hospital with symptoms suggestive of an infection, but the infection is not diagnosed at that time and the patient is discharge. The patient then returns to the hospital with obvious signs and symptoms of a severe infection. Infections that develop after diagnostic procedures or surgical procedures are some other examples of patients having undiagnosed infections at the time that they are discharged from a hospital and those infections could be diagnosed after discharge.

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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Failure To Adequately Manage and Treat Infection

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Failure To Adequately Manage and Treat Infection Frequently Asked Questions

Seek Other Hospital negligence Claims

Hospital Negligence Claims

Failure to arrange a timely medical review

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Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

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Hospital Negligence Claims

Failure to arrange a timely medical review

Failure to make a diagnosis prior to discharge

Failure to arrange transport to a different facility for necessary investigations

Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

Failure to prevent infection

Failure to communicate abnormal results after discharge

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