Industry Experts: 20+ years of experience
No Win No Fee Guaranteed
Industry Experts: 20+ years of experience
No Win No Fee Guaranteed
Frequently Asked Questions
1. Can I make a medical malpractice negligence claim?
If you’ve been injured as a result of medical malpractice or an existing condition or pre-existing disability has gotten worse since having a medical procedure (like a surgery or taking a type of medication) then you may be eligible to make a medical malpractice negligence claim.
In order to make a medical negligence claim, the expert medical malpractice lawyers at Garling & Co will need to be able to prove that:
- You have suffered harm and;
- That a medical professional has failed in their duty of care.
2. What types of negligent treatment can I make a medical malpractice claim for?
There are a variety of contexts and types of negligent treatment in which you may be able to make a medical malpractice negligence claim. You can compare and see whether your case may constitute medical malpractice, some common examples include:
- A healthcare practitioner providing you with a treatment that causes injury, harm or death
- A healthcare practitioner incorrectly diagnosing you
- A doctor or nurse failing to provide you with adequate treatment in an emergency situation
- Surgical procedures being undertaken in a negligent manner that essentially makes you condition worse
3. Who can I claim medical malpractice compensation against?
Medical malpractice lawsuits can be filed against any kind of medical practitioner that has done harm to you. This can include surgeons, pharmacists, healthcare specialists, anaesthetists, dentists, nurses, hospital staff, physiotherapists, psychiatrists and midwives.
Medical malpractice compensation may also be able to be claimed against a private business or a public organisation, such as a pharmacy for providing you the incorrect dosage of medicine, or a hospital for providing substandard post-operative care.
Being a victim of medical malpractice is an extremely difficult and stressful time, especially if you are physically suffering as a result. We recommend getting in contact with one of the medical malpractice lawyers at Garling & Co as soon as possible to discuss your potential medical malpractice claim, so we can work towards getting you the compensation you may deserve.
4. What compensation can I expect to receive for my medical malpractice claim?
The amount of compensation you may receive for your medical malpractice claim will vary greatly depending on the particular circumstances of your case.
Damages can often be broken down into the following four categories:
- The cost of treating the immediate physical or psychological injury
- Ongoing medical costs like domestic help
- Damages for pain and suffering and los of enjoyment of life.
- Loss of past and future earnings and superannuation
If there has been a situation where you’ve been unable to work as a result of the medical malpractice, then the Garling & Co medical malpractice lawyers will need to be able to prove that this is because of the medical negligence you suffered.
Get in contact with one of our experienced and professional medical malpractice lawyers at Garling & Co to receive a free assessment of your circumstances and get a clearer idea on how much medical negligence compensation you may be entitled to.
5. What expenses are covered and what benefits am I entitled to under my medical malpractice negligence compensation claim?
Any compensation you receive for your medical malpractice negligence compensation claim will usually be awarded as a single lump payment to you, and can cover expenses like:
- Your direct medical expenses
- Healthcare expenses from allied healthcare professionals like physiotherapists
- Your pharmaceutical medication needs
- Any domestic medical assistance you may have required/require
- The loss of past and potential future earnings
Our professional medical malpractice lawyers at Garling & Co work on a No Win No Fee basis, meaning that if we don’t win your case – you won’t pay us a cent! If you receive a settlement for your medical malpractice compensation claim then you’ll be liable to pay our fees based on the cost of our investigation and any legal work we have performed after proceedings have been issued.
Disbursements (referring to the out-of-pocket expenses that we pay to other people to investigate your surgical error claim, such as independent medical experts) must be paid whether we win or lose your medical malpractice case.
6. How do I make a medical malpractice claim?
Your first step when making a medical malpractice negligence claim will be to contact Garling & Co. Our highly experienced and professional medical malpractice lawyers will be able to assess your case and advise you on the best course of action.
If we take your case on (we operate on a No Win No Fee basis), we’ll conduct a thorough investigation into the case of negligence and the suffering you may have been caused as part of it. We’ll represent you at court in mediation sessions and settlement hearings to help you fight for your rights in these unfortunate circumstances.
7. How long do I have to make a medical malpractice negligence claim?
Medical negligence claims in NSW need to be commenced within 3 years of when you knew or ought to have known you had a claim for compensation against a medical practitioner.
Contact the medical malpractice lawyers at Garling & Co today so we can quickly assess your case and make sure you don’t miss any important deadlines.
8. How long does a medical malpractice negligence claim take?
Your individual circumstances and how quickly your case can be resolved will impact the amount of time your medical malpractice negligence claim takes.
The medical malpractice lawyers at Garling & Co typically resolve medical malpractice cases in between 18 and 24 months.
9. Why choose Garling & Co lawyers?
If you’re looking for assistance with a medical malpractice case, look no further than Garling & Co. At our practice, we believe in the rights of the individual; a person’s right to fight for what is just and fair. Our medical malpractice lawyers will do everything in their power to make sure that your medical malpractice claim has as positive an outcome as possible, and that you receive the compensation you deserve.
Doyles Guide and Three Best Rated have consistently awarded Garling & Co as a leading compensation law firm in Sydney. Doyles Guide has recognised Garling & Co in both the Recommended and Leading categories for Accident Compensation Law Firm and Personal Injury Law Firm since 2015.
Our modern law practice is conveniently located in the heart of Sydney’s CBD, within easy walking distance of Town Hall, Wynyard and Martin Place train stations. Parking is also available at the Queen Victoria Building (QVB), so it’s easy for you to come and see us for an initial consultation to discuss your medical malpractice claim.