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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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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 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.

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. 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
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.
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4.9