April 14, 2024

Image result for Could you have a potential claim? 5 of the most common types malpractice.

When we visit our doctor or another medical professional, we expect a high standard of duty and care and our general health should certainly never be compromised. When medical errors permanently impact a patient’s health, it’s the patient that must deal with the emotional, physical and psychological trauma that they are left with. In short, no one wins. 

It’s also common for many victims of malpractice to never pursue legal action. This might be because they’re unsure if they have a claim, they believe that accidents and errors sometimes occur in hospital or sometimes they leave it too long. To help you recognise if you a potential case for negligence, we’ve gathered 5 of those most common types of malpractice. In the meantime, if you’re already looking for a medical malpractice lawyer in Toronto, then click the link, and seek legal help as quickly as possible.

Surgical errors

When a surgical error occurs, it usually means that the patient’s quality of life is negatively impacted from that moment. Do not be put off by the consent form you signed before you procedure. You might have acknowledged the risk of death or complications, but a serious error such as too much anaesthesia, the wrong medication or amputation of the wrong limb is not covered by your signature. Some examples of surgical errors include:

  • Performing the wrong procedure
  • Permanent damage to organs, nerves and tissue
  • Using medical equipment that is not fit for purpose or not sterile
  • Leaving medical equipment inside a patient
  • Performing surgery that is not needed.

Delayed diagnosis 

Delayed diagnosis occurs when a Dr make an incorrect diagnosis. Then further down the line the patient is then diagnosed correctly, by which time the patient’s general health is compromised and the medical issue has worsened overtime. An example of this malpractice would be a Dr not recognising the signs of a disease or major injury on a CT scan or an X-ray. 


In these cases, a Dr might not diagnose a patient with any illness at all, or they could diagnose them with an illness they don’t actually have. This is classed as malpractice because misdiagnosis means you’re not getting the treatment you need. 

A birth injury

Arguably the most traumatising of all medical malpractices, a birth injury can turn the lives of those affected upside down. A birth injury is caused by the negligence of a doctor or a healthcare provider. All cases are extreme, with cases resulting in the death of the baby, the mother or causing the requirement of life long medical care, which is not only devastating but incredibly costly. When the injury occurs during childbirth itself and it was preventable then the prenatal care received will be deemed inadequate.

Failure to treat

If your Dr successfully diagnoses an illness but then doesn’t follow through with the correct treatment or an adequate representation of the treatment then this is known as failure to treat. This often occurs when Drs see too many patients and the basic standards of care begin to slip.