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.

Medical Misdiagnosis Lawyers in Canada

Medical Misdiagnosis Lawyer
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.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


    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 1-844-777-7372 or contact us online for a free consultation.

    Our Notable Medical Misdiagnosis Cases

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    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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      If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
      You pay us nothing unless we win.



      A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

      The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


      See Our Lawyer's Reviews

      Hilt this Tamrate
      Hilt this Tamrate
      23 May 2023
      Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
      Hector Cardenas
      Hector Cardenas
      4 January 2023
      I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
      JERRY ZHOU
      JERRY ZHOU
      10 October 2022
      We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
      Meggie Zhangkrk6hdjybfjt
      Meggie Zhangkrk6hdjybfjt
      6 October 2022
      I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
      Tony Zhou
      Tony Zhou
      29 September 2022
      I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
      Dianne Keckes
      Dianne Keckes
      18 July 2022
      I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
      Ivica J Sokic
      Ivica J Sokic
      6 June 2022
      Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
      Arden Melnechuk
      Arden Melnechuk
      1 December 2021
      I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
      Megha Sharma
      Megha Sharma
      16 April 2021
      Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
      Nick & Whitney Maraschiello-Basnett
      Nick & Whitney Maraschiello-Basnett
      18 July 2020
      We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.