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Surgical Negligence

If you’ve been injured due to surgical negligence or incorrect advice or treatment, it’s possible you may have a claim for medical negligence.

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

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5-Star Client

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Free Case
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Industry Experts: 20+ years of experience

No Win No Fee Guaranteed

We specialise in Surgical Negligence Claims

Can I make a surgical negligence claim?

If you have obtained an injury as a result of surgical negligence, you may be able to make a surgical negligence claim. Suffering a surgical injury is an incredibly traumatic experience, and our medical negligence lawyers at Garling & Co are on-hand to help support you and guide you through the legal process with seeking compensation.

A surgical error is a mistake that has occurred as a result of a surgeon or healthcare professional’s negligence during surgery or a medical procedure. If you have suffered from physical, psychological or financial trauma as a result of surgical negligence, then you may be able to make a surgical error claim.

Get in contact with one of our experienced and professional surgical injury lawyers at Garling & Co for a confidential discussion about your circumstances and whether you may have a surgical error claim.

Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
Glen C.
03:15 04 Aug 21
Mathew was highly personable and easy to talk to .From the outset I had full confidence in his ability and professionalism .Matthew and his team contacted me only as the process required , his... approach was purposeful and effective.I was very pleased with the result.I have no hesitation in recommending him to anyone in need of a lawyer.read more
Teresa M.
03:07 04 Aug 21
Fantastic service. Very professional and prompt.
Erin & Tom L.
01:44 04 Aug 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support. I highly recommend their services.read more
Happy S.
23:38 26 Jul 21
Very professional. The team responded quickly, were clear and easy to work with. We would highly recommend to give them a go.
READ ALL TESTIMONIALS

Would you like assistance with your surgical negligence 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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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.

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Our team of expert injury lawyers will help you get maximum compensation.

Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
Sunita S.
04:00 04 Aug 21
Overall, I am very happy of their service and also the outcomes of my case.
Glen C.
03:15 04 Aug 21
Mathew was highly personable and easy to talk to .From the outset I had full confidence in his ability and professionalism .Matthew and his team contacted me only as the process required , his... approach was purposeful and effective.I was very pleased with the result.I have no hesitation in recommending him to anyone in need of a lawyer.read more
Teresa M.
03:07 04 Aug 21
Fantastic service. Very professional and prompt.
Erin & Tom L.
01:44 04 Aug 21
Matthew and his team were so responsive throughout my entire claim. They made sure everything was explained clearly and always responded promptly to my questions. I can not thank them enough for... their support. I highly recommend their services.read more
Happy S.
23:38 26 Jul 21
Very professional. The team responded quickly, were clear and easy to work with. We would highly recommend to give them a go.

Frequently Asked Questions

1. What types of surgical errors can I make a surgical negligence claim for?

The most common types of negligent treatment that you may be able to make a surgery or emergency medical malpractice claim for include:

  • Misinformation about whether you were an appropriate candidate for surgery
  • The surgery not being performed with the reasonable care or skill required of the surgeon
  • The medical professional not providing you with adequate and proper post-surgical care correspondent to their skill level
  • Failure to inform you of potential risks of complications of surgery

Some examples of surgical negligence include:

  • Complications with cardiac surgery as a result of a surgeon’s mistake
  • Injuries from incorrectly completed orthopaedic surgery
  • Complications from eye surgeries like laser eye surgery
  • Infections resulting from inadequate post-operative care
  • Complications from cosmetic procedures like breast augmentation

 

2. Who can I claim surgical negligence compensation against?

Health care providers have a duty of care to you when they are treating you, and if they breach this duty of care, then they may be liable for any harm caused to you. In this case, you may be owed compensation for the surgical error that occurred and the suffering that this has caused you.

In the case of surgical negligence, a ‘provider’ could be a hospital, nurse, doctor, assistant, dentist, lab personnel, a pharmacist or another allied health professional.

3. What compensation can I expect to receive for my surgical or emergency medical malpractice compensation claim?

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

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

  • Loss of enjoyment of life/pain and suffering damages
  • Loss of income (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 expenses are covered and what benefits am I entitled to under my surgical or emergency medical malpractice compensation claim?

Our surgical error lawyers at Garling & Co work on a No Win No Fee basis, so if we take on your surgical error claim and we don’t win – you won’t pay us a cent! If you receive a settlement for your surgical error 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 surgical negligence case.

5. How do I make a surgical error compensation claim?

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

Our expert surgical error lawyers will be able to professionally assess your circumstances and advise you on the best course of action for your surgical or emergency medical malpractice compensation claim. We can also seek the opinion of independent medical experts regarding your claim, 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 surgical error 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 known you have an injury from surgical error.

It’s best to get in contact with one of the surgical error lawyers at Garling & Co as soon as possible to discuss your individual situation and to make sure you don’t miss out on any deadlines.

7. How long does a surgical negligence claim take?

Your surgical or emergency medical malpractice compensation claim may take several years, especially if it’s required to wait for your injuries to stabilise before proceeding with the case. Your surgical error lawyer from Garling & Co will be able to give you a firmer time estimate on your surgical error claim when you speak with them.

8. 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 suffering from a surgical error can be difficult, painful and stressful, and we’re here to do everything we can to help you through this time. Our expert surgical injury lawyers are on-hand to provide you with the legal advice you need to make sure you receive the most positive outcome from this unfortunate situation.

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 surgical error claim.

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