When doctors fail to diagnose a severe medical condition, it can result in further complications or death. When this happens, you probably should speak to a qualified solicitor, such as one of our Ontario medical malpractice lawyers.

Mistakenly diagnosing a patient as not having a severe condition may result in further unnecessary testing. But diagnosing a patient with a severe illness who otherwise would not have developed can have a similar effect. This can lead to the patient being unable to perform everyday activities.

Elements of a Story's Plot / Basis of a Story's Plot

Unfortunately, it is often an uphill battle for medical malpractice plaintiffs. They can do a great deal of work, but they often struggle to establish a doctor-patient relationship, prove the doctor was negligent, and prove that the doctor's negligence was the direct cause of the patient's injuries.

A central tenet of a doctor's defense is that a diagnostic error (the one that kills you or results in life-altering harm) results from something outside their control.

This could legitimately be caused by inaccurate laboratory tests, unclear or damaged radiological films, incorrect information given to the clinician by the patient, or abnormal patient presentation, so long as the diagnostic mistake was a result of some third party's wrongdoing and not the patient's.


Because of the highly technical and complex nature of these types of claims, it is often necessary to retain an expert witness who can explain the evidence in terms that the jurors and the judge can understand.

The right expert witness will be able to communicate both the correct medical information and what specific things the doctor did incorrectly in a manner that is easy to understand.