The consequences of missed, delayed, or incorrect diagnosis can be catastrophic. A missed cancer, stroke, heart attack, infection, or spinal emergency can allow a treatable condition to worsen, leading to tragic results.
Bogoroch & Associates LLP represents patients and families in Toronto and across Ontario experiencing the devastating impact of medical diagnostic error and delay. We offer free consultations and work on a contingency fee basis, meaning there are no fees unless we recover compensation for you. We prepare every case with trial in mind.
What Is Medical Misdiagnosis?
Both a misdiagnosis and a failure to diagnose involve the incorrect interpretation of a patient’s presenting symptoms by a doctor. A misdiagnosis can occur when a doctor diagnoses the patient with the incorrect condition as the cause of their symptoms. This can lead to a patient undergoing unnecessary medical treatment or procedures, which can result in permanent impairments or exposure to the risks and side effects of that unnecessary treatment. As a result of misdiagnosis, the correct treatment may be delayed or not happen at all.
A failure to diagnose can also occur when no diagnosis is made at all. Both misdiagnoses and failures to diagnose can delay critical treatment targeting the actual condition or cause of the symptoms, which can result in lifelong impairments or even death due to missing the window during which treatment would have been effective.
Common Types of Misdiagnosis Cases We Handle
Delayed Cancer Diagnosis
Cancer may be missed on imaging, pathology, screening, or follow-up. Legally, the issue is often whether earlier diagnosis would likely have improved prognosis or treatment options. The long term impact can include advanced disease, more invasive treatment, reduced survival, and significant financial losses.
Heart Attack Misdiagnosis
Heart attacks may be mistaken for indigestion, anxiety, musculoskeletal pain, or less serious cardiac symptoms. A viable claim may arise where warning signs, ECG findings, or test results were missed or not acted on. When heart attacks are not diagnosed promptly, delays may lead to permanent cardiac damage or death.
Delayed Diagnosis of Stroke
Stroke symptoms may be overlooked or attributed to migraine, intoxication, or vertigo. Legally, these cases often focus on delayed recognition and failure to urgently investigate. The impact may include lifelong disability, cognitive impairment, and loss of independence.
Pulmonary Embolism
Pulmonary embolism can present with chest pain, shortness of breath, fainting, leg pain, and may be fatal if not promptly diagnosed. Claims often involve missed red flags, inadequate testing, or failure to communicate urgent findings with other members of the healthcare team. Failure to diagnose pulmonary embolism in a timely manner can have catastrophic consequences.
Spinal Cord Compression
Spinal cord compression may be mistaken for musculoskeletal back pain, rather than a serious condition requiring urgent medical attention. Failure to properly investigate can delay surgery or other urgent care, resulting in permanent nerve damage. The long-term consequences may include chronic pain, loss of function, or paralysis.
Infections & Sepsis
Serious infections can deteriorate rapidly into sepsis or shock when symptoms are underestimated or tests are delayed. These cases often involve missed warning signs, poor follow-up care, or hospital communication failures. Delayed recognition and treatment of serious infections may result in organ damage, amputation, or even death.
Pediatric Misdiagnosis
Children may have difficulty describing symptoms, making pediatric diagnostic care especially important. When serious illness is missed, families may face emergency deterioration, invasive treatment, or permanent injury that could have been avoided with timely care.
When Is Misdiagnosis Medical Malpractice?
Every medical malpractice case is different. Not every instance of misdiagnosis will give rise to a medical malpractice claim. In order to prove that a medical error constitutes malpractice, two elements must be established based on the specific facts of the case. Briefly, these elements are (1) a breach of the standard of care (i.e., that the medical care by the healthcare provider breached or fell below the standard of care expected of a reasonable healthcare provider in similar circumstances); and (2) causation (i.e., that if not for the breach, the patient would not have suffered their particular outcome).
Establishing these elements is a complex process that requires the opinions of medical experts. It is important to consult a specialized medical malpractice lawyer to help you understand if you have claim.
Consequences of Medical Misdiagnosis
The consequences of misdiagnosis or delayed diagnosis can be severe. Delays may allow an illness to worsen, turn a treatable condition into a life-threatening one, or result in a patient undergoing unnecessary treatment.
Compensation in Misdiagnosis Lawsuits
Compensation in a misdiagnosis lawsuit may include damages for pain and suffering, costs of care, and loss of income or competitive advantage. Compensation may also address losses suffered by family members. Both patients and families may have claims, depending on the specific facts of a case.
How a Misdiagnosis Claim Works in Ontario
While every case is unique, our approach to medical malpractice litigation follows these key stages:
- Initial Consultation and Case Review
We meet with you to discuss the circumstances of your injury, review your medical history, answer your questions, and determine whether you have a viable medical malpractice claim.
- Medical Records Collection and Review
Our team gathers and carefully reviews all relevant medical records and documentation to understand the timeline of care provided and identify potential errors or omissions.
- Expert Medical Opinions
We consult with qualified, independent medical experts who assess whether the applicable standard of care was breached and whether that breach caused your injury.
- Filing a Statement of Claim
If the evidence supports your case, we prepare and file a Statement of Claim with the court to formally commence your medical malpractice lawsuit.
- Discovery Process
Both sides exchange relevant information and conduct examinations under oath, allowing each party to fully understand the evidence, legal positions, and issues in dispute.
- Mediation and Settlement Negotiations
Many medical malpractice cases resolve through mediation or settlement discussions, where we negotiate with the defendants to seek fair compensation without the need for trial.
- Trial (If Necessary)
If a reasonable settlement cannot be reached, we are fully prepared to present your case before a judge or jury and advocate aggressively on your behalf.
- Settlement and Compensation
Whether your case resolves through settlement or trial, we work diligently to secure the compensation you deserve.
Why Choose Bogoroch & Associates LLP for Medical Misdiagnosis Claims
Bogoroch & Associates LLP has 30+ years of experience in catastrophic injury and medical malpractice litigation. Our medical malpractice lawyers work with leading experts, provide practical and straightforward advice, and build every claim with trial readiness in mind. Our firm represents clients throughout Ontario and acts on a contingency fee basis, so there are no legal fees unless we recover compensation for you. If you need an experienced medical misdiagnosis lawyer or a delayed diagnosis lawyer, our team is prepared to advocate vigorously on your behalf with skill and compassion.
FAQs
When is a misdiagnosis considered medical malpractice?
Not every instance of misdiagnosis will give rise to a medical malpractice claim. Establishing a malpractice case (involving a misdiagnosis or a failure to diagnose) requires demonstrating that the medical care a patient received breached or fell below the accepted standard, and that the patient’s outcome was caused by that breach. This is a complex determination that typically requires detailed opinions and reports from qualified medical specialists.
How long do I have to file a medical misdiagnosis claim in Ontario?
In Ontario, the Limitations Act generally sets a two-year limitation period from the date the injury was discovered or ought to have been discovered, with important exceptions for minors. However, medical malpractice cases, including misdiagnosis cases, are complex, and it is critical to consult with a lawyer immediately to ensure your rights are protected and a claim can be filed within the required time limits.
Are misdiagnosis cases difficult to prove?
Medical malpractice lawsuits (including lawsuits for misdiagnosis and failures to diagnose) are among the most challenging and resource-intensive cases in Canadian law. They require substantial evidence, including expert medical testimony, and defendants are vigorously represented. While difficult, successful outcomes can be achieved with the right legal team and resources.
Speak to a Compassionate Medical Misdiagnosis Lawyer Right Away
If you or a loved one suffered harm because of an incorrect, missed, or delayed diagnosis, contact Bogoroch & Associates LLP online or call 1-866-599-1700 for a free consultation. Our medical malpractice lawyers serve clients across Ontario and throughout Canada, and we handle claims on a contingency fee basis, meaning there are no fees unless we recover compensation for you.
Serving Clients Across Toronto and Ontario: We proudly represent families throughout Ontario, including Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, North Bay, and beyond.
