The difference between hospital errors and medical negligence

The Difference Between Hospital Errors and Medical Negligence

Have you run into an issue with the care provided by a medical professional and are considering filing a medical negligence claim?

Pursuing a medical negligence claim isn’t easy, and it’s essential to ensure you’re filing the right kind of medical malpractice lawsuit before proceeding with it. 

In this article, we’ll explain the differences between hospital errors and medical negligence.

We’ll also explain how Sommers Roth and Elmaleh can help you determine whether you’ve been the victim of an error, malpractice, or negligence and how we can help you pursue a medical negligence claim.

What are some of the most common hospital errors?

These are some of the most common hospital errors:

  • When an illness is either misdiagnosed or not properly diagnosed at all. This can include failing to detect illnesses such as cancer.
  • Obstetric malpractice. This can include cases where either brain trauma or a physical injury occurs at birth and can include medical conditions such as spina bifida, shoulder dystocia, and cerebral palsy.
  • Pediatric malpractice. This can include failing to diagnose illnesses or infections such as pneumonia, sepsis, and meningitis.
  • The failure to treat a condition both properly and in a timely manner.
  • Laboratory and testing errors.
  • Errors made during surgery, including anesthesia errors.

One of the most common hospital errors are medication mistakes. This can take a variety of forms, including patients being prescribed either the wrong medication, the wrong dose of the right medication, or even a medication that the patient is allergic to. 

These medication errors can have severe consequences, including the death of the patient or catastrophic injuries. They happen for a variety of reasons, including:

  • Overworked staff.
  • Similarities in drug packaging.
  • Human error.

What are some of the most common examples of medical negligence?

These are some of the most common examples of medical negligence:

  • Steps were skipped in a medical procedure.
  • The equipment that a medical professional used was not properly sterilized.
  • Risks associated with a procedure were not clearly communicated to the patient.
  • The medical professional or team failed to follow up properly with the patient.
  • The required tests were not ordered.
  • Failing to obtain a medical history.

All of these have one thing in common: a doctor did not provide the standard of care that another doctor with similar expertise would have. In addition, any of these actions could have caused harm or injury to the patient.

It can be quite challenging to prove medical negligence, so it’s vital to hire an experienced medical malpractice lawyer when filing a medical negligence claim.

How can Sommers Roth and Elmaleh help me determine if I should file a medical negligence claim?

As a layperson (that is, someone who is not a medical professional), it can be extremely challenging to determine on your own whether you’ve been the victim of a hospital error or medical negligence.

The experienced lawyers at Sommers Roth and Elmaleh can review the specific details associated with your case and determine if you should pursue a medical negligence claim.

These are the steps involved in pursuing a medical negligence claim with the help of a lawyer from Sommers Roth and Elmaleh:

  1. You can contact us for a free consultation. We do not charge for this consultation at all, and there is no obligation to hire us after this consultation.
  2. We review the specifics surrounding your case. We can explain the differences between hospital errors and medical negligence and let you know if we think you have the grounds to pursue a medical negligence claim.
  3. If you have a strong case and hire us as your lawyers for your medical negligence claim, you do not have to pay us anything upfront or owe us anything until we win your case.
  4. Our team will work to collect the documentation required to support your medical negligence claim. This can include obtaining hospital records and any correspondence you have with the hospital or their insurance company.
  5. We will also interview witnesses and conduct additional research as necessary. We work with medical experts to help strengthen your case. 
  6. We’ll explain the compensation you may be entitled to if we win your case.
  7. We keep you in the loop on the status of your case every step of the way.

At Sommers Roth and Elmaleh, we have over 40 years of experience helping Canadians who have been impacted by medical malpractice. We can help you with your medical negligence claim, providing the support and guidance you deserve.

It’s important to know the difference between hospital errors and medical negligence

We’ve now explained:

  • What hospital errors are. Some of the most common hospital errors are a failure to diagnose an issue, lab and testing errors, and errors during surgery.
  • What medical negligence is. Medical negligence is when a medical professional (be it a doctor, nurse, midwife, or other healthcare professional) does not provide an expected standard of care. Some examples of this include not providing quality aftercare or not explaining the risks associated with a particular procedure.
  • How Sommers Roth and Elmaleh can help you understand whether you’ve been the victim of a hospital error or medical negligence and how we can help you file a medical negligence claim. We don’t charge anything upfront and only get paid on a contingency basis.

Contact Us to Learn More

Call Sommers Roth and Elmaleh today at 1-844-940-2386 or contact us online to arrange a free consultation with us. We’re here to help you with your medical negligence claim.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    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.