Medical Misdiagnosis

Medical misdiagnosis cases often raise complex questions of medicine and law. For that reason, it is important to work with lawyers well-versed in both fields. Relying on more than 40 years of experience successfully representing victims affected by medical misdiagnosis, we have acquired a thorough and in-depth understanding of both.

Experienced Toronto Medical Misdiagnosis Lawyers

While doctors are obligated to do no harm and all medical professionals must act in the best interests of their patients, mistakes do happen. An incorrect, missed, or delayed diagnosis can have a devastating impact on the life of a patient and their family. The overwhelming financial and emotional aftermath of an injury due to medical error is compounded by the fact that medical misdiagnosis cases are very complex and can be challenging to prosecute.

Medical misdiagnosis falls within the broader category of medical malpractice, which are civil claims against the medical profession, including doctors, nurses, midwives, medical clinics, technicians, healthcare professionals, and other hospital workers who provided medical care. Patients who find themselves affected by misdiagnosis require trusted legal advice from medical malpractice lawyers with significant knowledge in this very specific area of law.

Our firm is one of the oldest and most established medical malpractice firms in Toronto. We have more than 40 years of experience representing victims affected by medical misdiagnosis and are extremely well-versed in helping our clients navigate the often overwhelming medical-legal system. Our medical malpractice lawyers can help you understand your options, make informed decisions, and care for your family in the aftermath of a serious medical error or tragedy.

Medical Misdiagnosis in Ontario

In Ontario, as with other provinces in Canada, damages (i.e. compensation) can be sought for failure to diagnose and/or a misdiagnosis. This compensation can be sought by both the victim, as well as the victim’s family.

In order to succeed with a medical misdiagnosis claim, the person bringing the claim (i.e. the plaintiff) must:

  • satisfy the court that the conduct of the relevant medical professional fell below the standard of care that the patient was entitled to receive; and
  • prove that the negligence of the medical professional caused or contributed to the injury sustained.

In medical malpractice cases, including medical misdiagnosis cases, negligence means that the doctor, nurse, technician, or other medical professional in question, either did something they should not have done, or did not do something that they ought to have done, as measured against the expected, reasonable treatment which should have been provided under the circumstances.

It can be difficult to establish negligence. These cases regularly raise very complex issues of both medicine and law that require the knowledge of lawyers who deal primarily with medical misdiagnosis cases for best results.

Common Types of Medical Misdiagnosis

A large number of medical malpractice claims are filed as a result of a misdiagnosis, a delayed diagnosis, or a failure to diagnose. Such errors can result in incorrect treatment or incorrect medication prescribed, delayed treatment, or, in the most serious cases, no medication prescribed or treatment undertaken at all. This can lead to significant, permanent, life-altering consequences or even death.

In our experience, any number of illnesses or diseases can be misdiagnosed, including pulmonary embolism, heart attack/ Myocardial infarction, stroke, bacterial infection, diabetes (hypoglycemia/hyperglycemia), and spinal cord compression/stenosis or myelopathy. Cancer, and especially breast cancer (ductal carcinoma and lobular carcinoma), if not diagnosed and treated, can metastasize.

Common errors include:

  • Failure to detect or screen for cancer, and breast cancer in particular;
  • Failure to do prenatal genetic screening;
  • Failure to do a glucose screen or diabetes screening;
  • Failure to detect gestational diabetes;
  • Antenatal (during pregnancy) misdiagnosis;
  • Misdiagnosis of the baby’s condition during labour, often due to failure to monitor and correctly interpret fetal heart rate;
  • Failure to order basic blood tests or imaging studies;
  • Failure of a doctor to inform the patient of a serious condition (pulmonary embolism, cancer);
  • Failure of an obstetrician to inform a mother of fetal abnormality/ deformity on an ultrasound;
  • Failure to refer a patient to a specialist;
  • Incorrect reading of an X-ray, MRI, ultrasound, or other image
  • Incorrect reading of blood tests;
  • Failure of hospital laboratory to report accurate results;

If you suffered an injury as a result of a misdiagnosis, a delayed diagnosis, missed diagnosis, or a failure of a medical professional to diagnose, or if you suspect that the actions of a medical professional have caused devastating impact your life, or the life of your loved one, consult with a knowledgeable, trusted legal professional as soon as possible.

Contact Sommers Roth & Elmaleh in Toronto to Speak with our Experienced Medical Malpractice Team

If you or a family member has been seriously injured as a result of a medical misdiagnosis, contact Sommers Roth & Elmaleh. As one of the oldest and most established medical malpractice firms in Toronto, we offer compassionate, knowledgeable guidance on all aspects of medical malpractice and related claims. We have assisted families throughout Canada including Vancouver, Calgary and Edmonton, and can protect your rights and interests. Call us at 1-416-961-1212 or contact us online for a free consultation.

Practice Areas

The dedicated, driven, and experienced medical malpractice lawyers at Sommers Roth & Elmaleh regularly assist clients and families with a wide variety of medical malpractice claims, including:

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