The most common hospital errors that lead to medical malpractice suits

The Most Common Hospital Errors That Lead to Medical Malpractice Suits

When we are seriously ill or injured, we trust the medical team at the hospital to help us get better. Unfortunately, most of the time we don’t realize that the same doctors can actually cause us serious injury or even death.

Medical malpractice is a leading cause of death every year: the third behind cancer and heart disease. Canadian medical malpractice law allows victims of medical errors or their family obtain compensation for losses related to medical malpractice or negligence.

It’s important to recognize that doctors are human and can make mistakes but the consequences of these mistakes can be deadly. There are many types of medical errors that can lead to serious injury, death or a lower quality of life that are grounds for medical malpractice lawsuits. Keep reading to learn about the most common hospital errors that lead to medical malpractice suits.

Technical Errors

Technical errors usually occur during surgery. This is when your surgeon accidentally punctures an organ or even cuts a major artery causing internal bleeding or resulting in death. Another common error during surgery is the leaving of surgical tools inside of a patient’s body. Other types of surgical errors can also occur when the wrong body part is operated on, for example, an injury affects the right arm but the operation is done on the left arm. Another way a surgeon can make an error is the inadequate sterilization of instruments or failure to create a sterile environment.

While the risks of surgery are well-known, your surgeon must take extra care and precautions when one wrong move or mistake could mean life or death.

Errors With Anesthesia

Anesthesia is a risky part of surgery, and it requires a specialist to administer it and monitor its effect on the patient. This specialist is known as an anesthesiologist. They will review the patient’s medical record, patient history, prior medications, allergies and time requirements of the operation in order to determine the best course of action. There is a level of risk associated with taking anesthesia and errors can occur from many factors but in most cases, negligence is the cause. The most common injuries caused by improper anesthesia include heart attack, spinal cord injuries, asphyxia, brain damage, coma and death.

Misdiagnosis or Failure to Diagnose

While it would be unrealistic to expect doctors to know what is wrong right away, they are expected to administer the appropriate medical tests fully so they are able to locate the cause of pain. Some doctors are quick to make a general diagnosis through guessing, without running tests.

If they make a mistake then you could end up with no treatment or a treatment that cannot help your condition and, in worst cases, might even cause you further harm and pain. A delayed diagnosis can also severely affect your health and wellbeing. Other doctors will give you delayed treatment in order to “wait and see” but this can have a patient feeling worse and ending up in the emergency room.

Inadequate Medical Follow Up

Surgery is a serious and risky procedure so it’s important that medical staff monitor the patient afterward to ensure that the patient is fine. Patients will usually need assistance to make sure their vitals are monitored after surgery. They usually also need medications post-op to reduce the risk of infection. If the patient becomes sick due to a lack of post-operative care, the medical staff and hospital can be held liable.

Prescription Medication Errors

Medical facilities and medical staff often treat many patients every day. This can cause them to become disorganized and prescribe the wrong medications or give out the wrong prescriptions to patients. Doctors might also make a mistake when writing prescriptions or providing the wrong dosages. Prescriptions can also be filled incorrectly at the pharmacy.

When medication is not administered properly, the patient can overdose and possibly die. The patient might also suffer from a bad reaction to the medication if they happen to have an allergy that was overlooked, or if they already take a medication that is incompatible.

Childbirth Injuries

Doctors and healthcare professionals need to take extra care during the birth of a baby. And while this can be an exciting and joyous time for expecting parents, it can quickly turn into a nightmare if birth complications are not handled correctly. A majority of birth complications can be addressed before the birth if the physician is competent. Any failure to anticipate issues that should have been addressed can lead to a medical malpractice lawsuit. When methods or tools are used incorrectly, it can also cause life-long damage to the child.

Inadequate Prenatal Care

During pregnancy, an expecting mother should receive proper checkups and prenatal care leading up to the birth of the child. This ensures that the child is developing properly and that the mother will have reduced chances of risk during pregnancy and birth. Improper prenatal care can lead to long-term problems for both mother and child and may even result in the death of the child or the mother.

Consult a Medical Malpractice Lawyer in Canada Today

The expert lawyers at Sommers Roth & Elmaleh have helped Canadian patients win their medical malpractice claims for decades. We have fought and won a substantial number of serious medical litigation cases. Our seasoned and experienced medical malpractice lawyers work with top-tier medical professionals across the country.

To learn more about hospital errors, call Sommers Roth & Elmaleh at 1-844-777-7372 or contact us here.

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.


    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.