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 Prevent Infection Claims

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.

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 Prevent Infection Claims

Infection is a recognised post-operative complication. In addition to developing an infection after surgery, an infection can also develop in non-operative settings. Patients may present to a local public hospital emergency department with a laceration or an open wound. The emergency medical team is responsible for determining the nature of the appropriate treatment, which includes referring the patient to specialist doctors if necessary.

If a laceration is deep or contaminated, it may require more than a saline rinse and sutures in the emergency department. Some injuries require review and assessment by the hospital’s plastics team to determine if a thorough washout and debridement in theatre, under cover of intravenous antibiotics, is needed. Unfortunately, if those injuries are not appropriately treated, infection could develop. Sadly, a patient could develop osteomyelitis or gangrene; in severe cases, amputation may be required.

If you or a loved one are living with the poor outcome of an infection and suspect that the infection could have been prevented, you could be entitled to compensation. Contact Garling and Co Lawyers today for free legal advice on your legal rights and the avenues that are available to you for fair compensation.

Types Of Claims:

Failure to Follow Infection Prevention Protocols
Failure to Monitor and Respond to Signs of Infection
Failure to initiate prophylactic antibiotics during surgery
Failure to prescribe prophylactic antibiotics following surgery
Failure to investigate, diagnose and treat infection in a timely manner
Failure to prescribe the necessary type of antibiotics
Failure to perform a thorough washout and/or debridement.

Talk to Garling & Co Lawyers today:

Navigating hospital negligence claims related to the failure to prevent infections can be complex. Our experienced team at Garling & Co Lawyers is dedicated to assisting individuals in pursuing their claims for compensation. With our in-depth knowledge of hospital negligence laws and extensive experience in handling such cases, we are here to guide you through the legal process.

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. We are committed to providing you with the support and legal representation you need to seek justice for the inadequate management and treatment of your infection.

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

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.

Jo L.

05:58 07 May 24

So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more

Linda O.

21:53 06 May 24

Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more

Keith H.

20:51 23 Apr 24

After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more

Anthony T.

00:50 16 Apr 24

Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.

Mikaele N.

03:01 15 Apr 24

Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more

Tamara L.

02:10 15 Apr 24

I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more

Sigrid W.

05:01 11 Apr 24

Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more

BJ S.

01:09 09 Apr 24

Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more

Jaimie K.

06:11 02 Apr 24

Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more

Tyson Langanke (Five Star W.

00:30 02 Apr 24

I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more

Delayed Diagnosis Compensation Frequently Asked Questions

1. Can you sue for injuries caused by a hospital’s failure to prevent infection?

Yes, you may commence legal proceedings for compensation against a hospital if you sustained a permanent or significant injury due to a hospital’s failure to prevent infection.

2. What are the health consequences of an untreated infection?

Sepsis could develop if a patient’s infection was not diagnosed in a timely fashion and the patient did not receive appropriate treatment. Sepsis could result in multi-organ failure and even death in very severe cases. Patients may also develop osteomyelitis in cases of infection that progress to involve the bone, which is sometimes seen in diabetic patients. Some patients may require limb amputation to contain the infection. In young children, infection can cause meningitis and brain damage, and even death.

3. Who is responsible for the failure of hospital staff to prevent or effectively treat infection?

Hospitals are responsible for any alleged negligence by their employees, servants, or agents. Legal proceedings for compensation are usually commenced against the hospital. If the patient establishes negligence, compensation may be awarded for pain and suffering, the cost of personal care and domestic assistance, medical and allied health treatment costs, and any lost earnings.

More Faqs

Jo L.

05:58 07 May 24

Linda O.

21:53 06 May 24

Keith H.

20:51 23 Apr 24

Anthony T.

00:50 16 Apr 24

Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.

Mikaele N.

03:01 15 Apr 24

Tamara L.

02:10 15 Apr 24

Sigrid W.

05:01 11 Apr 24

BJ S.

01:09 09 Apr 24

Jaimie K.

06:11 02 Apr 24

Tyson Langanke (Five Star W.

00:30 02 Apr 24

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Failure To Prevent Infection

We Specialise in Failure to Prevent Infection Claims

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Industry Experts

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Delayed Diagnosis Compensation Frequently Asked Questions

Seek Other Hospital negligence Claims

Hospital Negligence Claims

Failure to arrange a timely medical review

Failure to make a diagnosis prior to discharge

Failure to arrange transport to a different facility for necessary investigations

Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

Failure to adequately manage and treat infection

Failure to communicate abnormal results after discharge

Hospital Negligence Claims

Failure to arrange a timely medical review

Failure to make a diagnosis prior to discharge

Failure to arrange transport to a different facility for necessary investigations

Failure to admit for observation and investigation

Failure to transfer to an appropriate medical facility

Failure to adequately manage and treat infection

Failure to communicate abnormal results after discharge

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