What are the most common medical malpractice lawsuits?

What Are the Most Common Medical Malpractice Lawsuits?

Medical malpractice lawsuits can be long and complicated. That’s why it’s crucial to hire a medical malpractice lawyer if you want the best chance of winning your medical malpractice lawsuit.

These are some of the most common medical malpractice lawsuits:

  • Misdiagnosis
  • Surgical errors
  • Failure to treat
  • Birth injuries
  • Prescription drug errors

Looking for a firm in Canada that has won many medical malpractice cases? Then look no further than Sommers Roth & Elmaleh, where we have won lots of Canadian medical malpractice cases.


There are so many different types of illnesses and medical conditions that a person can suffer from. The symptoms of one disease often resemble those of a different disease. A misdiagnosis, or failure to correctly diagnose an illness, can occur when this happens.

Other events that can lead to a misdiagnosis are a doctor failing to order additional medical testing or failing to refer their patient to the appropriate specialist. A misdiagnosis can also occur when lab results are lost or not correctly interpreted.

Some of the most commonly misdiagnosed medical events are heart attacks and strokes, and one of the most commonly misdiagnosed illnesses is cancer. Since time is of the essence when dealing with an issue such as a heart attack, stroke, or cancer, a misdiagnosis can have severe consequences.

Surgical Errors

One thing every patient who undergoes surgery fears is that something will go wrong during surgery. Surgical errors can include tools or sponges being left inside the patient after surgery is complete or the wrong surgery being performed (for example, doctors were supposed to operate on your left knee and operated on your right one).

Another issue that can happen during surgery is the patient not reacting well to anesthesia or the wrong dose or type of anesthesia being used. Surgical errors can lead to severe complications, including infection and needing additional surgery.

Failure To Treat

The basis of a failure to treat medical malpractice lawsuit is that a doctor correctly diagnoses a patient with a condition but fails to treat it appropriately. These are some examples of not providing appropriate treatment:

  • Discharging a patient from the hospital too quickly.
  • Not providing appropriate follow-up care.
  • Not considering a patient’s medical history when prescribing medicine or additional treatments.

Birth Injuries

Parents wait anxiously for the day their child is born. Unfortunately, if the medical team working with a mother is not prepared correctly, something can go wrong during birth, leading to lifelong consequences.

Birth injuries can be caused by various issues, including substandard prenatal care, a failure to recognize fetal distress, and the mishandling of a baby during or after birth. The impact on a baby can be severe and cause issues like nerve damage or spinal cord injuries or lead to lifelong medical conditions such as cerebral palsy.

Prescription Drug Errors

Prescription drug errors can have serious consequences – which is why doctors always want a complete list of medications you’re taking. With prescription drug errors, a doctor can accidentally:

  • Prescribe the wrong medication for a patient’s condition.
  • Prescribe an incorrect dose of a medication.
  • Prescribe medication that causes issues when interacting with another medication a patient is taking.
  • Prescribe a medication a patient is allergic to.

Has Sommers Roth & Elmaleh won many medical malpractice cases in Canada?

The answer to this question is a resounding yes! We have won a lot of medical malpractice cases in Canada.

We are a Toronto-based law firm, and we are recognized across Canada as a leader in medical malpractice law. Our area of focus has always been on helping Canadians win their medical malpractice cases, whether that case is due to botched surgery, an injury at birth or another cause.

For over 40 years, we’ve provided the support necessary to our clients in Canada to make sure that they’ve won their medical malpractice cases. These are just some of the different types of medical malpractice cases we’ve won:

  • Obstetric malpractice, including birth injuries
  • Cerebral palsy and spina bifida
  • Shoulder dystocia, including brachial plexus injuries
  • Spina bifida
  • Pre-natal testing errors
  • Medical misdiagnosis
  • Hospital and nursing errors, including surgical errors and wrongful death.
  • Prescription errors

The secret to our success and so many medical malpractice cases in Canada won is twofold. We want only the best on our team! We carefully choose our lawyers to make sure they have the right experience to work hard and help you win your medical malpractice case.

We also have strong relationships with medical experts who will testify during medical malpractice cases as necessary. Together, these two elements contribute to having so many Canadian medical malpractice cases won.

Having the Right Team Can Help You Win Your Medical Malpractice Lawsuit

These are five of the most common kinds of medical malpractice lawsuits:

  • A misdiagnosis case is due to a doctor’s failure to diagnose an illness properly.
  • Surgical errors, such as when the wrong surgery is performed, or a foreign object (such as a sponge) is left behind in a patient’s body after surgery.
  • Failure to treat, where a doctor has not provided adequate care during treatment.
  • Birth injuries, where a baby is injured at birth.
  • Prescription drug errors include the wrong prescription dosage being given to a patient.

Due to medical errors such as these, medical malpractice lawsuits are filed daily. If you’re looking for a good law firm in Canada that has won many medical malpractice cases, you’ve come to the right place with Sommers Roth & Elamleh. We’ve won a wide variety of medical malpractice cases in Canada due to our experienced medical malpractice lawyers and robust relationships with medical experts.

Contact Us to Learn More About Hiring a Winning Team

If you have experienced medical malpractice that has impacted your health, we strongly urge you to connect with us for a free consultation. We are happy to provide information about the different types of medical malpractice cases we’ve won and talk to you about pursuing a case for you. You can call us at 416-961-1212 or contact us online.

Hilik Elmaleh

Hilik practices in the area of civil litigation, with a particular focus on medical malpractice and personal injury litigation. he is a member of the law society of Ontario, the Canadian bar association, the American association for justice, the medical-legal society of Toronto and the Toronto lawyers association.

Hilik has been selected for inclusion in best lawyers Ontario and best lawyers Canada and is ranked as a leading practitioner in medical negligence law by expert, the Canadian legal expert directory.

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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.