Medical Misdiagnosis

If you have been injured or suffered damage as a result of a medical misdiagnosis and you think you have a claim, get in touch today.

Garling & Co have medical misdiagnosis lawyers who can help you bring about a claim for compensation.


Free Case appraisal

5-Star Client


Free Case

Industry Experts: 20+ years of experience

No Win No Fee Guaranteed

5-Star Client


Free Case

Industry Experts: 20+ years of experience

No Win No Fee Guaranteed

We specialise in Medical Misdiagnosis claims

What is a medical misdiagnosis?

Medical misdiagnosis refers to a situation where a doctor or other health care professional wrongly diagnoses an individual with a certain illness, disease or condition. Medical misdiagnosis is dangerous, as it can lead to the incorrect treatment being prescribed, the treatment being delayed, or treatment not being provided at all when it is required to treat someone’s condition.

For example, a person may have a biopsy taken of a suspicious mole, and the acting pathologist may fail to diagnose the sample as cancerous. This could lead to the individual not receiving the necessary treatment for skin cancer.

What types of negligent treatment can I make a medical misdiagnosis claim for?

The most common types of medical misdiagnosis claims may consist of:

  • A person having a medical condition misdiagnosed
  • A person’s medical condition being delayed in its diagnosis (for example after a diagnostic test such as a blood test, breast cancer screening or pap smear)
  • A misdiagnosis of cancer (such as pancreatic cancer, breast cancer, lung cancer, bowel cancer, or colorectal cancer)
Fangzhou T.
08:00 10 Jun 21
I could not thank Matthew and his team enough for the services and care provided over the last three years, and I could not be any happier with the outcome they have achieved which was well exceeded... my expectation.Matthew and his team had shown me not only they are experts in their fields, but also honest and down to earth to approach.I consider myself extremely lucky and grateful for having them in my journey.Joeread more
Sultan B.
02:17 10 May 21
Jim M.
10:35 28 Apr 21
In Sep 2019 after I received dispute letter of my works compensation liability claim from insurance I was devastated, it wasn’t easy to find a good lawyer willing to take my difficult case. But... fortunately, I find Garling and Co Lawyers after I reading very good article about workers compensation law by Mr Matthew Garling. And he had kindly accepted my case on my seconded attempt with new evidence. I forgot my first meeting with him, but he put me back in straight way after I rang him and took his time to explain process with details after carefully looked my file.Mr Matthew Garling who is very down to earth person with friendly and knowledgeable with the complexities of workplace injury law. And so is his team. Ms Renee lawes who also is a great lawyer have the skilful technique with her naturally calm voice but convincing to make clear point with detailed importance part after well preparation on my case to the Arbitrator and respondents. She is very approachable, professional, knowledgeable and always willing to help me with questions I had at the time on numerous events, put on a complete and absolute masterclass in workers injury law on my behalf. just 2 days ago she has delivered to me that Arbitrator had rule the case in my favour after 8 month of hard work of Ms Renee Lawes, Mr Metthew Garling and his term. .And I will most delighted to recommend Ms Renee Lawes and Mr Matthew Garling and his team to any vulnerable person who need workers compensation law service like Julieread more
Shona L.
04:40 15 Apr 21
Matthew Garling saved my life. By the time I found him I was at the end of my rope and desperate for help.from the first time I spoke to him, he was attentive and professional and always had time to... answer my questions. I cannot recommend him highly enough. He made the entire experience bearable. I am so eternally grateful. I don’t know how I would have coped without you on my team. Thank you more
Kevin S.
01:52 15 Apr 21
From my first contact with this company I have felt confidant, my first meeting with Mathew was open and very professional and I really felt that at last someone believed in me and would support... me.So far it has been over two and a half years and Garling & Co (Mathew and all of the staff) have supported me and represented me in the most exemplary manner.The courtesy provided by this company is beyond measure, nothing is to much for them. I am updated regularly, courtesy calls in-between to ensure I am ok. Everything is made clear and any questions or doubts are explained in a clear and concise manner.I cannot emphasise enough my praise for these people, I have had bad dealings with legal firms in the past but Garling & Co have re-ignited my faith in the legal more
Alaa K.
22:34 25 Mar 21
Thank you Mr Galing for everything you’ve done for me and his team Allison Rebecca Kelli this man handle my case very professionally he’s got the insurance to pay for my treatment for life and he... got me money more than I expected I had a CTP claim I had an accident in 2018 I was hit by truck and I had a lot of injuries he got me to $2 million dollars walk away money more than 1 million I don’t know how to Repay this man and his team from the bottom of my heart thank you very much I wish you happiness and peace and you team kindly regards Alaa Kanjoread more
Megan W.
01:50 05 Mar 21
We worked with the team at Garling & Co for almost 6 years on a compensation claim for our daughter. Every member of the Garling team is professional, prompt and responsive. They were always... available to answer our queries or concerns and made the entire, lengthy process as stress-free as possible. They exceeded our expectations and we highly recommend their team and would not hesitate in using their services again in the more
Edward P.
04:42 04 Mar 21
Mathew is great. He has good quick efficient advise. He has saved me from so much stress. Cannot thank you enough.
Valerie T.
06:39 12 Jan 21
Matthew Garling was not only professional, but a real people person. I always felt that he was being straightforward, honest and realistic with me, although in the end he negotiated a better outcome... than I had ever expected at the outset. Before meeting Matthew I had interviews with two other firms but didn't like either of them. So glad I chose Garling & Co!read more
Matt D.
08:33 09 Dec 20
If you require the service’s of an expert in Workers Compensation matters do not look any further, Matthew was always available to discuss my concerns and provided me with expert advice.

Would you like assistance with your medical misdiagnosis claim?

Complete our free, no-obligation confidential case assessment form below.

Alternatively, we are available to talk through phone and email.

FREE Confidential Case Appraisal


Frequently Asked Questions

1. Am I eligible to make a misdiagnosis claim?

Not all cases of misdiagnosis are cases of medical negligence. Medical negligence is the element that has to be proven for a valid misdiagnosis claim to be present. It has to be taken into account that even the best and most professional doctors can and do make errors when diagnosing their patients.

To be eligible to make a misdiagnosis claim (and for compensation to be paid to you), your medical misdiagnosis lawyers must have clear evidence that:

  • A similarly trained doctor or health care professional would not have made the same mistake and;
  • Harm or injury has occurred to you as a result of the misdiagnosis.

2. Who can I claim medical misdiagnosis compensation against?

When you seek medical treatment, medical professionals have a duty of care when it comes to examining, diagnosing, treating and advising you on the best course of action. In medical misdiagnosis claims, you may be able to claim compensation if you have suffered from harm as a result of a health care professional’s mistake.

You can make a medical misdiagnosis claim when:

  • There has been a failure to diagnose of misdiagnosis of your condition
  • The misdiagnosis makes an existing condition worse
  • There was failure to provide you with the proper referral or treatment
  • There was a delay in your medical diagnosis
  • You were not provided with post-operative care using reasonable care and skill
  • Your test results were incorrectly reported on


3. What compensation can I expect to receive for my medical misdiagnosis negligence claim?

The amount of compensation you receive as a result of your medical misdiagnosis claim will depend on the harm, suffering and/or loss that you have experienced as a result of the medical negligence.

Your medical misdiagnosis lawyer can construct a case where you claim for:

  • Loss of enjoyment of life/pain and suffering damages
  • Lost income both past and future
  • Care provided by friends and family
  • Modification expenses for your home and vehicle
  • Past and future medical expenses
  • Paid help such as in-home nurses, cleaners etc.

4. What is the claims process?

The process for medical misdiagnosis claims can be complex, so it’s best to seek legal support as soon as possible to guide you through the journey to receiving the best level of cancer misdiagnosis compensation amounts. The experienced and professional medical misdiagnosis lawyers at Garling & Co are here to help you through this difficult and stressful time.


Being incorrectly diagnosed by a medical professional is an extremely traumatic experience to go through, especially when your health has been put at risk or damaged because of it. We’re here to provide you with the best possible legal advice for a positive outcome.

Here is a brief explanation of the legal process followed by the medical misdiagnosis lawyers at Garling & Co.

  1. You get in contact with Garling & Co
  2. We have an initial consultation and assess whether you have a case
  3. We draft and lodge initial documents
  4. We build your case, collecting supporting information
  5. Settlement negotiations occur with relevant parties
  6. If a settlement can be reached, then the case concludes
  7. If a settlement cannot be reached, we take your case to court

5. How do I make a medical misdiagnosis claim?

In order to make a medical misdiagnosis claim, you’ll need to get in contact with the medical negligence lawyers at Garling & Co as soon as possible to ensure we can lodge your claim for you within the strict time limits.

Our expert medical misdiagnosis lawyers will be able to professionally assess your situation and advise you on whether you have a medical misdiagnosis claim or not. We can also seek the opinion of independent medical experts, after which we will represent you on your behalf at court, mediation sessions and settlement hearings.

6. How long do I have to make a medical misdiagnosis claim?

There are strict time limits when it comes to medical misdiagnosis claims. In NSW there is a 3-year time limit from when you knew or ought to have know you have an injury from a medical misdiagnosis.

As soon as you become aware of the fact you may have been medically misdiagnosed, get in touch with our experienced and professional medical misdiagnosis lawyers at Garling & Co who will be able to assess your situation and see if you have a medical misdiagnosis claim.

7. Why choose Garling & Co lawyers?

At Garling & Co, our lawyers believe in the rights of the individual; a person’s right to fight for what is just and fair. We understand that the proceedings of a medical misdiagnosis claim can be extremely stressful, and that’s why we’re here to provide the expert legal guidance and support that you need at this difficult time.

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 misdiagnosis claim.

More Faqs
Google Rating