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.


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Industry Experts: 20+ years of experience

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5-Star Client


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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)
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.
04:15 08 Dec 20
I am so grateful to Matthew and his team for how they handled and helped to finalise my claim. I found them to be exceptionally knowledgeable, professional and responsive. I had another firm manage... my claim previously and am glad to have changed as I was finally able to settle the matter. Thank more
leonel R.
15:13 13 Nov 20
Kemp S.
08:09 12 Nov 20
What a team. You all worked with passion and empathy, yielding the mightiest army that marched forward, battling on behalf of my family and I. Thank you Matthew (The Man) Garling and the lovely... more
marena K.
04:17 12 Nov 20
I had Matthew handle my legal case. He was outstanding. His knowledge and fantastic attitude was awesome. He won my case and I was very pleased with the outcome. He always explained things in... simple, understandable terms, as legal issues can be complicated and complex. I would highly recommend using Matthew and his team.. He is honest, and tells things as they are, and returns calls very promptly. Allison and the team of Admin staff are excellent more
Katrina N.
22:16 04 Nov 20
Craig S.
06:05 10 Sep 20
I can not thank enough Garling and Co for their professional advice and expertise. They have provided me with a great outcome, far greater than I could ever have hoped for. This literally has changed... my life.Matt and Renee at Garling and Co were always available for advice and help, they provided clear and timely advice, explaining everything for me. Every advice provided came to fruition with a positive outcome for me. Each time I won a claim, Matt and Renee would then provide additional claim options for me, which resulted in further claims, each claim I would then go on to win.Again, I can’t thank enough Matt and Renee at Garling and Co, their professionalism and expert advice has literally changed my life.ThanksCraigread more

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.

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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.

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