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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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We specialise in Medical Misdiagnosis claims

Medical misdiagnosis can have serious consequences, as it involves a failure to diagnose or wrongly making an incorrect diagnosis of an illness, disease, or condition by healthcare professionals. This can result in inappropriate or delayed treatment, potentially causing additional harm or injury to the patient.

Unfortunately, things do not always go as they should. Your GP might not obtain an adequate history of your symptoms or perform a thorough physical examination. The failure to take those steps may deprive your GP of gaining a full understanding of your health complaints. Your GP might not appreciate the need to refer you for investigation and might be too quick to make a diagnosis based on the limited available information. Your GP quickly makes a diagnosis, but unfortunately, it is a misdiagnosis. Your GP might then recommend or initiate treatment for a condition or disease that you do not have, while the true underlying cause of your symptoms remains undiagnosed and untreated. The treatment that you receive might make you unwell or cause you to develop side effects or new symptoms.

The treatment of a misdiagnosed condition may even make your undiagnosed underlying condition or disease worse. The misdiagnosis deprives you of the opportunity to receive the necessary treatment for your underlying medical condition or disease that remain undiagnosed. Additionally, the lack of diagnosis of your underlying condition or disease may allow the condition or disease to progress and worsen. Sadly, at times, the condition or disease responsible for making you unwell is no longer treatable by the time that the misdiagnosis is discovered, and an accurate diagnosis is made.

If you or a loved one are living with a poor health outcome due to either receiving inappropriate treatment for a misdiagnosed condition, or due to lack of treatment of an undiagnosed condition by a GP, you may have a claim for compensation.

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.

 

Would you like assistance with your medical misdiagnosis 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.

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You won’t be required to pay any fees until we win your case.

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We’re industry experts with over 20 years of experience.

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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

Frequently Asked Questions

1. 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.

2. 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)

3. 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.

4. 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

 

5. 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.

6. 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

7. 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.

8. 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.

9. 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
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
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