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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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Industry Experts: 20+ years of experience

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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.

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

Would you like assistance with your surgical negligence 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.

No Win No Fee

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.

Maximum Compensation

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 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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