The impact of medical malpractice on patients and families

The Impact of Medical Malpractice on Patients and Families

Medical malpractice is an unacceptable reality that affects one in eighteen patients in Canadian hospitals. From misdiagnosis to birth injuries to inappropriate treatments, the consequences of medical malpractice can be devastating and long-lasting.

In this blog, we’ll outline the various impacts of medical malpractice and how victims may seek justice through legal action.

The Physical Impact of Medical Malpractice

The physical impact of medical malpractice can vary greatly depending on the individual case and the severity of the malpractice. The most common types of medical malpractice and their physical impacts are as follows:

  • Misdiagnosis or delayed diagnosis: Misdiagnosis or delayed diagnosis may prevent patients from receiving timely and appropriate medical treatment for their medical conditions. This can lead to worsening symptoms, disease progression, and physical harm.
  • Birth injuries: Some of the most common medical malpractice-related birth injuries include brain, spinal cord, and nerve injuries. The physical effects of birth injury can range from mild motor delay to severe physical disability such as paralysis or coordination deficits.
  • Surgical errors: Surgical errors can include a wide range of mistakes, including performing the wrong procedure, leaving surgical instruments inside the patient, operating on the wrong body part, damaging nearby organs or tissues, and other errors that can cause harm to the patient. These errors can cause bleeding, infection, and other complications that can lead to pain, disability, and even death.

The Emotional Toll on Patients and Families

Medical malpractice has a devastating emotional impact on both the victim and their family members. In addition to physical pain, victims must often contend with psychological trauma such as anxiety, depression, fear of future treatments or surgeries, guilt over being unable to protect themselves in advance from harm inflicted by another person’s mistakes, or negligence.

Family members may experience similar emotions as they witness their loved one suffer from a physical injury due to inadequate care from healthcare professionals who were supposed to be trusted sources of help rather than cause further harm.

Additionally, victims seeking justice through legal action face an uphill battle in holding negligent medical professionals accountable. They often feel alone and up against overwhelming odds throughout this process, adding another layer of stress to already fragile lives.

The Financial Consequences of Medical Malpractice

Patients and their families may suffer significant financial hardships due to medical malpractice. These costs can quickly add up and overwhelm those affected by medical negligence and their families. Some examples of the economic impacts of medical malpractice include:

  • Medical expenses: Medical malpractice can have devastating and far-reaching financial implications for patients and their families. Hospitalization bills, expensive medications, rehabilitation costs, and ongoing care are all part of the equation.
  • Lost income: Patients who suffer from injuries caused by medical malpractice may need to take time off from work to recover, or they may be rendered permanently incapable of working due to those injuries. This can result in lost income and financial strain for the patient and their family.
  • Long-term care: Some medical malpractice victims may need long-term care, such as daily living support, specialized medical equipment, or nursing care. This can result in significant financial expenses for the patient and their family.

The Social Impacts of Medical Malpractice

Many victims of medical negligence deal with a stigma associated with their injury or illness. For instance, individuals left disfigured due to negligence may feel embarrassed or ashamed of their appearance, leading to social isolation from family members, friends, and society.

Additionally, victims must often adjust their daily lives to accommodate the limitations imposed by an injury sustained through no fault of their own. This change in routine can cause considerable disruption as they try to learn how best to cope with their new reality.

Furthermore, personal and professional relationships are affected by such trauma, as it forces people into unfamiliar roles that require them to adapt quickly to remain productive members of society.

The Legal Impacts of Medical Malpractice

The legal impacts of medical malpractice on patients and their families can be significant, and the process of pursuing legal action can be complex and time-consuming. Therefore, patients and their families need to seek the guidance of a medical malpractice lawyer to help protect their rights and ensure that they receive the compensation they deserve.

Some examples of the legal impacts of medical malpractice on patients and their families include:

  • Statute of limitations: Each jurisdiction has a statute of limitations, or time limit, within which a patient may submit a medical malpractice claim. If the patient fails to file a claim within the applicable statute of limitations, they may forfeit their right to do so.
  • Burden of proof: Patients who bring forth a medical malpractice lawsuit have the burden of proving that the healthcare provider was negligent and that this negligence caused their injuries. This can be challenging, as it requires gathering evidence and proving causation.
  • Legal fees: Pursuing a medical malpractice lawsuit can be expensive, and patients may need to pay legal fees to their lawyer. However, many lawyers work on a contingency basis, meaning they get paid only if they successfully obtain compensation on your behalf.

What are the Rights of Patients in Medical Malpractice Cases in Ontario?

Every Canadian has the right to timely, high-quality care from their healthcare provider, but thousands of patients each year suffer an adverse event that compromises this care.

Victims of such occurrences need to know that with the guidance of a lawyer, they can start to move forward with the necessary resources to make it right. Compensation is a primary focus in such cases, and a diligent lawyer will strive for the victim’s legal entitlement.

Ontario medical malpractice lawyers are experienced and knowledgeable in medical negligence law to protect the rights of patients injured by medical malpractice. They can evaluate the unique circumstances of each case to identify the most appropriate course of legal action.

With their expertise, they can establish the four critical elements of a successful medical malpractice case: standard of care, breach of the standard of care, causation, and damages. Gathering the necessary evidence can be lengthy and challenging, but a lawyer can handle everything for you so that you can focus on your health.

Legal Recourse for Patients and Families Affected by Medical Malpractice in Ontario

Are you or someone you care about the victim of medical malpractice in Ontario? If so, you likely have questions and concerns that need to be addressed as soon as possible.

For professional advice and guidance, look to Sommers Roth & Elmaleh for assistance with recovering compensation for medical malpractice. Our highly-experienced and dedicated medical malpractice lawyers in Toronto will review the case thoroughly and advise you on the right course of action.

Don’t let a medical malpractice case go unaddressed. Reach out to the legal experts at Sommers Roth & Elmaleh, Ontario’s trusted medical malpractice lawyers, by calling 1-844-940-2386 or contacting us online.

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.


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    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
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    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
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    4 January 2023
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    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.
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    10 October 2022
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    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 !
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    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.
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    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.
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    18 July 2022
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    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!
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    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.
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    1 December 2021
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    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
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    16 April 2021
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    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
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    18 July 2020
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    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.