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Failure To Diagnose Prior To Hospital Discharge

Have you experienced the distressing situation of being discharged from a hospital without receiving a proper diagnosis for your condition? This failure to diagnose can have severe consequences, including prolonged suffering, delayed treatment, and potential complications.

At Garling & Co Lawyers, we specialise in assisting people in NSW seek justice and obtain the compensation they deserve for the harm caused by the failure to diagnose prior to hospital discharge.

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

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Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

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

No Win No Fee

No Win No Fee

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

5 star client rating icon

5-Star Client Rating

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

Free Case Assessments

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

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

No Win No Fee

No Win No Fee

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

We Specialise in Failure to Make a Diagnosis Prior to Discharge Claims

Although many health conditions are manageable by a GP or specialist, most people require emergency hospital care and treatment at some point in their lives. Patients usually present to their local hospital’s emergency department when dealing with a medical emergency. Patients who present to a local hospital with severe pain are generally promptly given analgesia for pain relief, and many patients report feeling better after receiving adequate analgesia. This improvement in pain could be misleading and may falsely reassure hospital staff (and patients) that the patient’s health condition has resolved, and the patient is fit to be discharged home.

A decision is then made to discharge the patient based only on the resolution of the patient’s pain complaints and without the benefit of a diagnosis that explains the symptoms.

For example, a patient may present to a hospital’s emergency department with abdominal pain, nausea, and vomiting. The patient’s symptoms resolve after being given medication to settle their stomach and manage the pain. The patient is then told that the cause of the symptoms is likely due to consuming contaminated food, and the patient is reassured and discharged home. A few hours later, after the effect of the medications wears off, the patient’s symptoms return. The patient relies on the hospital’s earlier advice and is not concerned about the symptoms. Two days later, the patient experiences excruciating abdominal pain and loses consciousness. The patient returns to hospital, and this time, an abdominal ultrasound is performed, and a ruptured appendix is diagnosed. The patient had presented to that hospital with appendicitis two days earlier and was discharged without a diagnosis.

Suppose you or a loved one are living with an injury or poor health due to a delay in diagnosis and treatment arising from the failure of a public hospital to provide you with reasonable care. In that case, you may be entitled to compensation. Contact the personal injury specialists at Garling and Co Lawyers for a free consultation to discuss your legal rights and potential entitlements to compensation.

 

Types Of Claims:

  • Delayed Diagnosis Compensation
  • Misdiagnosis
  • Failure to Provide Timely Treatment
  • Negligence in Follow-up Care

 

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims relating to the failure to diagnose prior to hospital discharge requires specialised legal expertise. At Garling & Co Lawyers, we have a skilled team with extensive experience in handling such cases. We will guide you through the entire process, meticulously evaluating your claim and providing expert guidance tailored to Failure to Diagnose Prior to Hospital Discharge. 

To discuss your case with our highly knowledgeable lawyers, please reach out to us on 1300 851 201 or via email. Alternatively, you can fill out our Confidential Case Assessment form, free of charge and without any obligation. Expect a response within 24 hours as we provide the support and guidance you need during this challenging time.

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.

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.

JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
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

Delayed Diagnosis Compensation Frequently Asked Questions

1. Can you sue a hospital for delayed diagnosis?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury or loss due to a hospital’s failure to diagnose and treat your condition prior to discharge.

2. What am I able to claim for a delayed hospital diagnosis?

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.

3. Can you sue a hospital for wrong diagnosis?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury or loss due to a hospital’s failure to make an accurate diagnosis.

4. How long will my hospital diagnosis claim take?

If your injuries have stabilised, it may take your lawyer six to 12 months to investigate your claim and obtain all the required expert evidence on your behalf to enable formal legal proceedings to be commenced. It may take a further 12 to 18 months to finalise your claim. These timeframes vary as each claim has its individual circumstances. 

More Faqs
JH D
08:13 27 Aug 26
I can’t recommend Matthew Garling and the team at Garling & Co highly enough. Matthew represented me through what was a very complex and lengthy personal injury matter, and throughout the entire... process I always felt that I had someone experienced, knowledgeable and genuinely committed to achieving the best possible outcome for me.One thing I really appreciated was Matthew’s support during the most stressful periods of the matter. Whenever I was overwhelmed or overthinking where things were heading, Matthew would make the time to call me, talk me through the situation, settle my thoughts and put me back on the right path. That personal support made a very difficult process much easier to manage.Matthew was always straightforward with his advice, took the time to explain the important issues and was never afraid to have the difficult conversations when they were needed. His experience in personal injury law was obvious, particularly when dealing with the more complicated aspects of my matter.After a number stressful years, I’m extremely grateful for the work Matthew and his team put in and for the outcome they ultimately achieved for me.I have no hesitation recommending Matthew Garling and the Garling & Co team to anyone needing an experienced and supportive personal injury lawyer.read more
M
00:34 27 Aug 26
Words can't explain how immensely grateful I am to have had Matthew and Allison assist me throughout this claim. I believe I was awarded exactly the compensation I was meant to receive and couldn't... be happier with the outcome. Matthew is a man who seeks justice for the average person - he never asserts himself, even for a moment, to be anything but a man who wishes to seek, serve and defend truth. He is extremely gracious in his speech, countenance, and should be recognised throughout life for these things and more. I highly recommend Matthew Garling and the entire team at Garling and Co - don't bother looking elsewhere.read more
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
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