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Failure to Admit for Observation and Investigation

If you or a loved one experienced injury, a poor outcome, or worsening of an existing condition or illness due to a failure by hospital staff to admit you for observation and/or investigation, you may be entitled to claim compensation for your pain, suffering, and associated financial losses.

At Garling & Co Lawyers, our experienced Hospital Negligence Lawyers are here to help you take action and secure the justice you deserve. 

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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 Admit for Observation and Investigation claims

Most people require emergency hospital care and treatment at some point in their lives. You might feel acutely ill and need an ambulance to transport you to your local hospital. Sometimes, you initially present to your GP, and your GP recognises the necessity of hospital treatment and refers you to your local emergency department. Some GPs even contact the local hospital and notify the staff in anticipation of the patient’s arrival at the hospital. Often, patients who arrive at a local emergency department by ambulance or with a GP referral receive prompt attention. However, this does not always happen and it does not guarantee a good health outcome for all those patients. 

Some patients can improve quickly with initial treatment, including pain medication and intravenous fluids, but the improvement in symptoms can be falsely reassuring. This is because while symptoms might appear to have improved or resolved, the underlying medical condition may persist. Many emergency departments recognise this and admit a patient for 24 to 48 hours for monitoring and observation to ensure there is no evolution of symptoms or deterioration in the patient’s condition. Unfortunately, some emergency staff rely on the initial improvement of a patient’s symptoms and discharge the patient from the hospital with advice to present to their local GP. Sadly, a patient could deteriorate very quickly within a few hours of being discharged from an emergency department, which could result in devastating outcomes for patients and their families.

Suppose you or a loved one are living with a health condition or disability due to an inappropriate decision made by staff at a public emergency department to discharge you in circumstances where your condition warranted admission to the hospital for observation or further investigation. In that case, you may be entitled to compensation. Garling and Co Lawyers have successfully achieved reasonable compensation for many clients who have sustained injury due to poor and inadequate care provided by local public hospitals. Our medical negligence specialists will explain the litigation process to you and assist you with your claim.

 

Types of Claims:

  • Delayed diagnosis compensation due to failure to admit for proper observation and investigation 
  • Misdiagnosis resulting from failure to provide adequate observation and investigation 
  • Prescription of wrong medication due to failure to conduct proper investigation 
  • Failure to arrange or provide necessary treatment after observation and investigation
  • Failure to follow up or act upon test results obtained during observation and investigation
  • Failure to organise appropriate testing for thorough observation and investigation 
  • Failure to adequately examine during the process of observation and investigation

 

Talk to Garling & Co Lawyers today

 

Navigating hospital negligence claims related to failure to admit for observation and investigation requires specialised legal expertise. At Garling & Co Lawyers, our skilled team has extensive experience handling such cases. We will guide you through the entire process, meticulously evaluating your claim and providing expert guidance tailored to Failure to Admit for Observation and Investigation claims. 

 

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.

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
sidney C.
02:14 05 Mar 26
From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.
YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more
E.B
01:02 04 Feb 26
We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more
Alyssa F
08:02 31 Dec 25
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more
David Y
21:33 15 Dec 25
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
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

Delayed Diagnosis Compensation Frequently Asked Questions

1. Is there a time limit for filing a failure to admit for observation and investigation claim?

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.

2. How do you prove a failure to admit for observation?

Evidence will be required to mount a claim for injury arising from a hospital’s failure to admit a patient for observation. This evidence includes a copy of the relevant medical records, lay evidence such as your statement and statements from any other witnesses. Evidence will also be procured by your lawyer from suitably qualified medical experts.

3. How much compensation will I get?

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
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
sidney C.
02:14 05 Mar 26
From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.
YKHADZ
00:11 25 Feb 26
I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more
Howard P.
00:54 23 Feb 26
So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more
Fiona C.
05:55 19 Feb 26
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more
E.B
01:02 04 Feb 26
We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more
Alyssa F
08:02 31 Dec 25
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more
David Y
21:33 15 Dec 25
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more
Richard R.
07:58 02 Dec 25
I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more
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
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.
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4.9