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.

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

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

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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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

Read the latest news in Hospital Negligence

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