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Medical Errors in Malpractice


Did you receive medical care that made medical condition worse? Was your treatment delayed due to a doctor’s failure to diagnose your condition? If so, you may have been a victim of medical malpractice. 

Medical malpractice occurs when a patient is harmed by the actions of a healthcare provider, because the provider failed to provide care that met the required standard. However, not every medical error is considered medical malpractice.

Types of Medical Errors

Medical malpractice can arise from many different types of medical errors, including:

  • Birth injury;
  • Missed, delayed, or incorrect diagnosis;
  • Failure to investigate a symptom or illness;
  • Surgical error;
  • Failure to provide follow-up care;
  • Defective medical equipment;
  • Failure to refer a patient to a specialist;
  • Medication or prescription error; or
  • Failure to obtain informed consent.

What is the Difference Between Medical Errors and Medical Malpractice?

Every medical malpractice case is unique. In order to prove that a medical error constitutes malpractice, two requirements must be established based on the specific facts of the case. Briefly, these requirements are:

  • The healthcare provider has not met the standard of care applicable to their profession, area of practice, and location; and
  • On a balance of probabilities, that their failure to meet the standard of care caused the injuries. 

In order to determine whether a medical error has caused a person’s injuries, Bogoroch & Associates LLP conducts a comprehensive investigation that begins with obtaining all relevant medical records, and then seeking the opinion of medical experts with respect to the circumstances of the potential malpractice. Depending on the specific facts of a case, many different healthcare providers could be involved as potential defendants. 

In most cases, a plaintiff injured by medical malpractice has two years from the date they discovered the negligence to commence a lawsuit. This is known as the “limitation period.” However, the limitation period will depend on the circumstances of each case, and could extend beyond the two year period, so it is important to obtain the advice of an experienced medical malpractice lawyer if you think you might have a claim. 

How Much to Expect for a Medical Malpractice Claim

The amount of money that plaintiffs can recover for medical malpractice claims varies widely, and depends on factors such as the type of injuries, the plaintiff’s prognosis, loss of income, future cost of care, and other forms of losses. These are known as “damages.”

In Canada, courts have placed a cap on the damages awarded for pain and suffering which increases every year with inflation. These are known as general, or non-pecuniary damages, and are intended to compensate a plaintiff for their physical pain, emotional distress, loss of a loved one, or loss of function. In 2024, the cap on general damages is approximately $457,550.00. This amount is only awarded in the most severe cases, such as a young plaintiff who is rendered paraplegic.

In addition to general damages, “special” or pecuniary damages offer compensation for expenses incurred by a plaintiff or income lost as a result of their injuries. These damages usually include medical expenses, nursing services, housekeeping assistance, or assistive devices. The amount of pecuniary damages in any given case is determined by estimating the financial position a plaintiff would have been in, had their injuries not occurred. 


Navigating the healthcare system with an injury can be confusing and difficult. However, advancing a medical malpractice claim does not need to be when you have skilled legal counsel. Given the complexity of medical malpractice cases, it is important to contact an experienced medical malpractice lawyer to help guide you through this process. If you think that you or a loved one may be the victim of medical malpractice, please reach out to the lawyers at Bogoroch & Associates LLP for a free assessment of your case.



Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your accident or medical malpractice claim to settlement or trial while helping you navigate complex medical, legal, and insurance issues.

Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer-rating publications.

If you or your loved one has been injured in an accident or believes that you are a victim of malpractice or negligence, reach out to a personal injury or medical malpractice lawyer to understand if you too have a claim. Please contact any of our personal injury lawyers at Bogoroch & Associates LLP for a free consultation.

Contact a personal injury lawyer near me by calling 1-866-599-1700 or visit our Contact page for all inquiries.

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