What Is Medical Negligence?

Medical Negligence (medical malpractice) occurs when a health professional or institution operates outside of standard, competent medical procedure which then results in an injury. The negligence can occur during diagnosis, operation/treatment, and post operation/treatment as well.

How Do I Prove Medical Negligence?

To make a claim for medical negligence you need to prove a duty of care was owed to you and a breach of duty took place,

What Can I Claim Medical Negligence Compensation For?

You can receive compensation for: Payment of past and future medical expenses; Reasonable and necessary attendant care, domestic assistance and home modifications; Past and future loss of income; Pain and suffering – which incudes actual pain and loss of enjoyment of life.

Who Can You Make A Medical Negligence Claim Against?

GPs, dentists, hospitals, specialists, chiropractors, physiotherapists, massage therapists and many more.

How Long Does A Medical Negligence Claim Take?

Depending on the severity of the injury and complexity of the case, it is not uncommon for medical negligence cases to take 2 or 3 years to resolve. It is not always possible to tell how long one specific case may take, it depends on a number of factors which can be out of the control of your lawyer.

How Much Compensation Will I Get For Medical Negligence?

It is impossible to pre-determine how much compensation you will receive as a result of your injuries. Usually, the more severe your injuries are or the larger the impact they have had on your life, the more compensation you are entitled to. The payout can be between tens of thousands of dollars to millions of dollars.

Are There Time Limits When It Comes To Making A Medical Negligence Claim?

In NSW, you must lodge your claim within 3 years of the date of discoverability. That is the date you knew or ought to have known you had a right to make a claim for compensation for your injury. To be certain you are within the required time limit its best to start the claim within 3 years from the act of negligence.

Why Choose Garling & Co For Your Medical Negligence Claim?

Medical negligence claims are a highly complex area of compensation law. Thankfully, our team of medical negligence lawyers have over 20 years of experience and can take you through the entire process. We’ll help you to establish whether you have a claim or not and talk you through all the specifics before any legal action is taken.

Failure to Arrange a Timely Medical Review

If the care you received from a hospital falls below an acceptable standard, resulting in a failure to arrange a timely medical review, you may have experienced significant harm, delayed diagnosis and treatment, worsened existing conditions, or a poor health outcome.

At Garling & Co Lawyers, we understand the impact of such negligence on your well-being. We are here to help you claim the compensation you deserve for your pain, suffering, and associated financial losses

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

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

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

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

No Win No Fee

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

We specialise in Failure to Arrange a Timely Medical Review claims

Although many health conditions are manageable by your local GP or specialist, some conditions require emergency medical care. People tend to present to the nearest public hospital if they feel very ill. Public hospital emergency departments are usually busy, and triage is one of the ways that emergency staff prioritise patient care and identify patients that require escalation of treatment. A registered nurse ordinarily does triage. The nurse assesses the patient and takes note of their presenting symptoms and complaints. The nurse then determines the urgency of the situation. Often, a blood test is performed, and a cannula is inserted. Medication is also given if the patient is in pain. The patient then returns to the waiting room and awaits medical review.

Triage is critical as it enables hospital staff to determine how quickly a patient receives medical care and treatment. Unfortunately, serious signs and symptoms can be missed during triage if the assessment is not thorough and if adequate information is not obtained from the patient at that time. This results in a failure to appreciate the seriousness of the patient’s condition, and the patient could wait for several hours to be reviewed by a doctor. The patient could deteriorate during that time, and the deterioration could be silent until the patient is visibly in a critical state and requires immediate medical intervention to save the patient’s life. Sadly, the delay in receiving medical care can result in catastrophic injury to a patient and, in some cases, even death.

Suppose you or a loved one sustained an injury due to an unreasonable delay in receiving medical treatment after attending your local hospital’s emergency department. In that case, you may be entitled to compensation that will enable you to pay for medical expenses and other services that you may need. Contact the specialist medical negligence solicitors at Garling and Co. Lawyers to better understand your legal rights to compensation.

Types of Claims:

Talk to Garling & Co Lawyers today

Navigating medical negligence claims can be complex within compensation law. Our skilled medical negligence lawyers, with over 20 years of experience, will guide you through the process. We’ll evaluate your case meticulously, explain intricacies, and ensure transparency before taking legal action.

Take action today and secure the justice you deserve by contacting our experienced Hospital Negligence Lawyers. We have a deep understanding of medical negligence cases and will fight tirelessly on your behalf. Let us guide you through the legal process and work towards obtaining the compensation you are entitled to. Fill out our Confidential Case Assessment form for a free evaluation, without any obligation. Expect a response within 24 hours.

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

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 by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

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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.

Chris H.

02:52 31 Jul 26

I engaged Garling & Co to guide me through a personal injury claim and could not have asked for better representation. Matthew was in a different class to the other lawyers I had spoken to, and that... was clear from our very first phone call. At that time, I was not even sure a claim would go ahead. It was just a call for advice and Matthew was generous with his time which created immediate trust.My options were always explained clearly and the decision was always left with me with no pressure to follow a particular course of action. Allison and the rest of Matthew's team are equally excellent and were on hand throughout, taking me through the process and passing on information at the right time.No hesitation in recommending them to anyone looking for the best advice in NSW.read more

Mik B.

01:18 31 Jul 26

Matthew and the team at Garling & Co have provided seamless care throughout my case. Keeping me updated and providing the best advice on my workers compensation matter. I felt will looked after and a... have high level of trust in my legal matters.read more

Donna M.

21:09 30 Jul 26

Kerry and her team are professional showing real empathy and kindness.Going through a severe psychological work injury is a deeply lonely, exhausting, and anxiety-ridden road. But from the moment... Kerry and her team stepped in, everything changed. They showed me the kind of genuine empathy, warmth, and human kindness that you just don't expect to find in the legal world. They truly, deeply understand the complexities of psychological injury law, but more importantly, they understand the human being behind the case. No matter how scrambled or anxious my mind was feeling, they always found the time to answer my frantic check-ins and left me feeling completely reassured and safe.What I respect most about them is their absolute integrity.Kerry has a brilliant legal mind specialising in personal injury,and only ever sticks strictly to the real facts and let the honest, medical truth do the talking.Thank you Kerry and Myriel.❣️read more

Jd A.

21:05 30 Jul 26

Like to thank Matthew and the team for their work and dedication ,special thanks to Matthew for being vigilant in helping me navigate the insurance battle.My advice to anyone is trust Matthew and... yourself, say vigilant.Thank youGarling and coDaveread more

Marshall B.

01:57 09 Jul 26

Mathew and his team were a pleasure. Very sympathetic to my situation and very easy to work with. Explained the process so well and always kept in contact and looked out for my best interest. I... wouldn't hesitate to recommend Garling & Co to anyone.read more

james C.

00:48 08 Jul 26

Can not thank the team here at Garling & Co enough. From all the extra help, to the end outcome was amazing. Mathew is very knowledgeable with the law and makes you feel very comfortable with... everything. Appreciate it all guys cheersread more

Anna C.

04:33 06 Jul 26

I can’t thank you enough for your support. Kerry and staff went above and beyond. Always kept me up to date.I recommend Garling and Co to anyone.Thank you Kerry and Staff

Ramez F.

07:51 19 May 26

I cannot highly recommend Garling & Co Lawyers enough for their incredible support during my recent case. From our first meeting, they provided clear, honest advice and guided me through a complex... legal process with absolute professionalism. Their dedication, attention to detail, and expertise in this matter was outstanding, ultimately securing an excellent outcome. If you need a reliable, knowledgeable, and genuinely supportive solicitor, look no further than GARLING & CO LAWYERS.read more

P X

23:43 17 Apr 26

Very kind and respectful.

Alina S.

03:51 26 Mar 26

I can’t thank Mr Garling and his team enough for the incredible support they provided throughout my case. From the very beginning, they showed genuine compassion, professionalism, and a strong... commitment to achieving the best possible outcome for me - and the result they achieved in the end was far beyond my expectations!What stood out most was their clear and prompt communication, customer-focused approach and kindness. At every stage, they made sure I understood what was happening and what to expect. This made a very difficult and emotionally challenging process a lot more manageable. Whenever I had questions or felt anxious they were responsive, patient, and reassuring.Thanks to Mr Garling, I felt empowered and confident navigating the complex, opaque and overwhelming workers compensation system. His dedication and expertise, along with the hard work of his entire team, helped me achieve an outstanding outcome.I cannot recommend Garling & Co highly enough, to anyone in need of personal injury legal assistance, and especially those dealing with a workplace injury / workcover. You’ll be in very capable and caring hands!read more

Failure to Arrange Timely Medical Review Frequently Asked Questions

1. What are some examples of a failure to arrange medical review?

Failures to arrange medical review may include the following:

a failure to perform a physical medical review prior to a patient’s discharge from hospital
a failure to perform a medical review in a timely manner
A failure to arrange medical review by the appropriate medical specialit

2. What are the legal consequences for failing to report hospital negligence in a timely manner?

If you have experienced a delay in receiving medical review and treatment at a public hospital, you may report your experience to that hospital so that the hospital could investigate the level of care that was provided to you. You may also submit a complaint to the Health Care Complaints Commission of NSW. Those avenues enable the hospital to identify and address any deficiencies is their guideline or protocols so that your experience is not experienced by another patient.

If you have suffered injury due to a delay in receiving medical review and treatment at a public hospital, you must contact a medical negligence specialist lawyer as soon as possible. A delay could result in the loss of important evidence such as witnesses or medical records. More importantly, medical negligence proceedings must be commenced within three years of the time at which you discovered your injury, that your injury is the fault of the hospital and that your injury is worth suing over. If legal proceedings are not commenced within a timely fashion, you may be statute barred from commencing legal proceedings for compensation for your injuries.

3. What is the time limit for medical negligence claims?

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of the defendant, and the injury is worth suing over.

4. What is the average payout for medical negligence claims in Australia?

If you succeed in proving negligence, you would be entitled to compensation. Compensation may include pain and suffering, the cost of personal care and domestic assistance, medical and allied health treatment costs, and any lost earnings. The value of your claim would depend on the nature, extent and severity of your injuries and any losses you may have suffered.

More Faqs

Chris H.

02:52 31 Jul 26

Mik B.

01:18 31 Jul 26

Donna M.

21:09 30 Jul 26

Jd A.

21:05 30 Jul 26

Marshall B.

01:57 09 Jul 26

james C.

00:48 08 Jul 26

Anna C.

04:33 06 Jul 26

I can’t thank you enough for your support. Kerry and staff went above and beyond. Always kept me up to date.I recommend Garling and Co to anyone.Thank you Kerry and Staff

Ramez F.

07:51 19 May 26

P X

23:43 17 Apr 26

Very kind and respectful.

Alina S.

03:51 26 Mar 26

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Failure to Arrange Timely Medical Review Frequently Asked Questions

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Hospital Negligence Claims

Failure to admit for observation and investigation

Failure to arrange transport to a different facility for necessary investigations

Failure to transfer to an appropriate medical facility

Failure to make a diagnosis prior to discharge

Failure to adequately manage and treat infection

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Failure to communicate abnormal results after discharge

Hospital Negligence Claims

Failure to admit for observation and investigation

Failure to arrange transport to a different facility for necessary investigations

Failure to transfer to an appropriate medical facility

Failure to make a diagnosis prior to discharge

Failure to adequately manage and treat infection

Failure to prevent infection

Failure to communicate abnormal results after discharge

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