See the latest awards we have won on our Industry Awards page here

garlingandcolawyers logo
Call 02 8329 9500

09:00am-5:00pm

 Exit Search
Free Claim Check
Search Search

Workers Compensation Lawyers

We specialise in helping people like you claim the worker’s compensation they deserve.

FIND OUT MORE

Motor Vehicle Accident Lawyers Sydney

Injured in a Motor Vehicle accident? Understand your entitlements and how to make a compensation claim.

FIND OUT MORE

Medical Negligence Lawyers Sydney

Are you having to deal with an injury or illness caused by a negligent medical practitioner? You may be entitled to compensation.

FIND OUT MORE

Public Liability Lawyers

Injured because of another person's negligence? Understand your entitlement to compensation.

FIND OUT MORE

Superannuation Lawyers Sydney

Does your Superannuation policy entitle you to be paid out for Total and Permanent Disablement?

FIND OUT MORE

See the latest awards we have won on our Industry Awards page here

☰
Search
Contact Us02 8329 9500

Last updated September 06, 2023

The importance of evidence in medical negligence

What evidence do I need to prove my Medical Negligence/Medical Malpractice Claim?

In order to be successful in your medical negligence / medical malpractice claim you need to have the right evidence address the right issues. Each claim is different and for that reason will require specific evidence from medical and expert liability professionals.

Once it is established that you have sustained and injury and are able to make a medical negligence claim your lawyer will arrange for you to be medically examined by a medico-legal expert(s).

Scroll Down Arrow Read more
A doctor in a blue uniform holding an ipad and typing something down with the caption “The Importance of Evidence in Medical Negligence”

The medico-legal expert will prepare a report addressing your injuries and how the defendant negligently caused your injuries.

Depending on your injuries and the nature of your case, it will not always be necessary to consult a doctor. The expert may write their report on the papers, this means that the medico-legal expert will prepare your report using your existing reports, statements, scans, and any other relevant medical investigations.

If you have a number of different injuries affecting different areas of the body, such as muscular, skeletal and/or psychological injuries, you may be required to consult medico-legal experts from multiple fields of specialty to address all aspects of your injury.

Why is it so important?

Obtaining the correct evidence is vitally important in medical negligence claims because:

  1. The negligence test

The negligence test is the decider of any potential negligence claim.

You must have a medico-legal expert report that the procedure/care undertaken was not widely accepted as competent peer professional practice, and that the reporting expert would not have done as the defendant did. If the expert does not believe this to be the case or you cannot get the expert to comment, then you will not be successful in your medical negligence claim.

Further, the expert must report that your injury was caused by the defendant’s negligence and would not have occurred if service were rendered with due care and skill.

The success of any medical negligence claim depends on the medical evidence used to support it. Therefore, it is important to get the right evidence the first time.

Read about why you should retain an accredited specialist personal injury lawyer here

Contact Garling & Co Lawyers for a free medical negligence case assessment today.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Read more

You might also be interested in…

BACK TO BLOG

04/05/2023

Am I Suffering Because of Medical Negligence?

...

READ POST

04/05/2023

How Can I Tell If My Injury Was Caused by Medical Negligence?

...

READ POST
Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
READ ALL TESTIMONIALS

Would you like assistance with your 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 through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

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.

Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9