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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

Rating

Free Case
Assessments

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.

Yanthi S.
01:51 18 May 22
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or kind of negotiation in the... hearing. I assumed that as a Lawyer she should experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Arbitrator only gave me less than 5 minute to make decision and pushed me to accept the disappointed outcome and what she said totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.read more
Lynda S
00:34 04 May 22
For such complicated matters, it is extremely important to have a good team in your corner. The right team.Garling and co is just that and much more.They listen to you and care. They support you... during the entire process. You will have so many questions and they always return your calls and reply to your emails.Thank you so much to Renee, who explained everything to me and what to expect in details and really reassured me. The process felt less heavy and stressful because she was there. She was professional and so efficient. She took over my case from previous lawyer and I wish I could have met her first. She was available to answer the many questions I had along the way. There is also Kelli, she was the first person I got on the phone most of the time when I called and she is nice and very helpful, I had so many questions and doubts, I was stressed yet she had the patience to explain and seek answers to my questions.Natasha took over my case towards the end and she also was great in listening and supporting me and made sure to defend my best interests against the other side at all time.The Worker’s compensation process is very stressful, it can last for a long period. In my case it was three years and it is to the upmost importance to have people who treats you well, are professional and efficient.I am very satisfied with the outcome and I hope that this reviews helps the next person.Your assistance made the difference and I would have not been able to do it without your precious help.read more
Melinda B.
23:57 04 Apr 22
Workers compensation and the medical-legal process is a complicated and a difficult process.If you are looking for a highly professional compensation/personal injury lawyer, I would without... hesitation definitely recommend Matthew Garling who is a genuine, caring & dedicated lawyer.Matthew, Allison Luck and co. are extremely professional, clear and concise with all communication and an exceptional support during the whole process of my claim, I felt confident and secure that I had made the right decision having Matthew represent me, they worked tirelessly and where 100% committed to getting me the best possible outcome.My case was complicated and Matthew never gave up fighting for me, he didn’t just take the first option for a quick and easy resolution.He and his team got me the best possible outcome for my WPI and I will be forever grateful for their hard work and diligence. I now have peace of mind knowing I have lifetime medical assistance and payment till retirement age.read more
Jim M.
12:25 27 Mar 22
Garling and Co lawyers you have done again with Success for my TPD claim! Ms. Emma Perkins and her team have assisted my TPD claim with great success after the hard work, She is a very down-to-earth... person, professional, and highly knowledgeable with insurance claim law. She is very approachable and always willing to help and often reply my question of email after business hours. I will most delighted to recommend Garling and Co Lawyers. Ms. Emma Perkins and her team to any person who needs insurance claim law service like me. by Julieread more
Anthony N
22:13 17 Mar 22
I had Garling & Co Lawyers handle my workplace dispute, I could not be happier with the outcome, handled in such a professional way with excellent communication throughout the entire process.Natasha... and Kelli were very understanding in every aspect, requesting information via phone or email was never an issue, fast response times and helpful in every way. I HIGHLY RECOMMEND the team @ Garling & Co Lawyers. 👍read more
Yvonne M.
05:03 21 Jan 22
Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
READ ALL TESTIMONIALS

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Yanthi S.
01:51 18 May 22
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or kind of negotiation in the... hearing. I assumed that as a Lawyer she should experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Arbitrator only gave me less than 5 minute to make decision and pushed me to accept the disappointed outcome and what she said totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.read more
Lynda S
00:34 04 May 22
For such complicated matters, it is extremely important to have a good team in your corner. The right team.Garling and co is just that and much more.They listen to you and care. They support you... during the entire process. You will have so many questions and they always return your calls and reply to your emails.Thank you so much to Renee, who explained everything to me and what to expect in details and really reassured me. The process felt less heavy and stressful because she was there. She was professional and so efficient. She took over my case from previous lawyer and I wish I could have met her first. She was available to answer the many questions I had along the way. There is also Kelli, she was the first person I got on the phone most of the time when I called and she is nice and very helpful, I had so many questions and doubts, I was stressed yet she had the patience to explain and seek answers to my questions.Natasha took over my case towards the end and she also was great in listening and supporting me and made sure to defend my best interests against the other side at all time.The Worker’s compensation process is very stressful, it can last for a long period. In my case it was three years and it is to the upmost importance to have people who treats you well, are professional and efficient.I am very satisfied with the outcome and I hope that this reviews helps the next person.Your assistance made the difference and I would have not been able to do it without your precious help.read more
Melinda B.
23:57 04 Apr 22
Workers compensation and the medical-legal process is a complicated and a difficult process.If you are looking for a highly professional compensation/personal injury lawyer, I would without... hesitation definitely recommend Matthew Garling who is a genuine, caring & dedicated lawyer.Matthew, Allison Luck and co. are extremely professional, clear and concise with all communication and an exceptional support during the whole process of my claim, I felt confident and secure that I had made the right decision having Matthew represent me, they worked tirelessly and where 100% committed to getting me the best possible outcome.My case was complicated and Matthew never gave up fighting for me, he didn’t just take the first option for a quick and easy resolution.He and his team got me the best possible outcome for my WPI and I will be forever grateful for their hard work and diligence. I now have peace of mind knowing I have lifetime medical assistance and payment till retirement age.read more
Jim M.
12:25 27 Mar 22
Garling and Co lawyers you have done again with Success for my TPD claim! Ms. Emma Perkins and her team have assisted my TPD claim with great success after the hard work, She is a very down-to-earth... person, professional, and highly knowledgeable with insurance claim law. She is very approachable and always willing to help and often reply my question of email after business hours. I will most delighted to recommend Garling and Co Lawyers. Ms. Emma Perkins and her team to any person who needs insurance claim law service like me. by Julieread more
Anthony N
22:13 17 Mar 22
I had Garling & Co Lawyers handle my workplace dispute, I could not be happier with the outcome, handled in such a professional way with excellent communication throughout the entire process.Natasha... and Kelli were very understanding in every aspect, requesting information via phone or email was never an issue, fast response times and helpful in every way. I HIGHLY RECOMMEND the team @ Garling & Co Lawyers. 👍read more
Yvonne M.
05:03 21 Jan 22
Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more

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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