Medical Misdiagnosis Lawyers
Compensation for your family's future is our why
Patients seek timely, well-informed medical advice from doctors and other healthcare professionals. When they are misdiagnosed or their diagnosis is delayed, treatment is ineffective, which often leads to more severe consequences. Moreover, once a patient’s trust has been betrayed, it is a very difficult thing to restore. You may be entitled to compensation to help you secure a better future.
Talking with a medical misdiagnosis lawyer can help. Legate Injury Lawyers understands the complexities of the medical system, the insurance industry, and your legal options. Focus on your recovery. Let us handle the rest.
Talking with a medical misdiagnosis lawyer can help. Legate Injury Lawyers understands the complexities of the medical system, the insurance industry, and your legal options. Focus on your recovery. Let us handle the rest.
We can help protect your future, too.
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What to Do If You Have Been Misdiagnosed or Received a Delayed Diagnosis
If you believe you or someone you love received a medical misdiagnosis or delayed diagnosis, follow these steps for a brighter future.
- Try to stay calm.
Clear thinking after you have learned about a diagnosis that was incorrect or delayed can help build a legal case. - Process the news and seek help.
After learning about a misdiagnosis or diagnosis, take time to process your feelings. Work to understand what has happened, your next steps in medical treatment, and the support you will need moving forward. Switching healthcare professionals or hospitals, if possible, may be part of this process. Remember: your health and recovery are paramount. - Collect and preserve information and documentation.
Write down what you remember about when your symptoms first started, the medical practitioners who performed assessments, the symptoms you reported, the diagnostic testing and imaging that were done, and how your symptoms progressed or changed during this time. Collect documentation that may help piece together what happened, including medical reports, photos, emails, and text messages. - Contact a lawyer.
Memories will fade and delays can jeopardize the ability to obtain solid evidence. There are also often strict time limits within which to file a lawsuit, so it is important not to hesitate to get legal advice. Consultations are free.
What to Do If You Have Been Misdiagnosed or Received a Delayed Diagnosis
If you believe you or someone you love received a medical misdiagnosis or delayed diagnosis, follow these steps for a brighter future.
- Try to stay calm.
Clear thinking after you have learned about a diagnosis that was incorrect or delayed can help build a legal case. - Process the news and seek help.
After learning about a misdiagnosis or diagnosis, take time to process your feelings. Work to understand what has happened, your next steps in medical treatment, and the support you will need moving forward. Switching healthcare professionals or hospitals, if possible, may be part of this process. Remember: your health and recovery are paramount. - Collect and preserve information and documentation.
Write down what you remember about when your symptoms first started, the medical practitioners who performed assessments, the symptoms you reported, the diagnostic testing and imaging that were done, and how your symptoms progressed or changed during this time. Collect documentation that may help piece together what happened, including medical reports, photos, emails, and text messages. - Contact a lawyer.
Memories will fade and delays can jeopardize the ability to obtain solid evidence. There are also often strict time limits within which to file a lawsuit, so it is important not to hesitate to get legal advice. Consultations are free.
What Can I Expect from a Misdiagnosis Lawyer?
Given the emotional gravity of medical misdiagnoses and delayed diagnoses, Legate Injury Lawyers attempts to make the legal process as transparent and simple as possible. We are kind, compassionate people who genuinely want to help you. Here’s what you can expect when working with us.
Common Places Where Medical Misdiagnoses & Delayed Diagnoses Occur
Some common places where medical misdiagnoses or delayed diagnoses occur in Ontario include, but are not limited to:
- Hospitals
- Family doctor offices
- Walk-in and outpatient clinics
- Laboratory testing facilities
- Diagnostic imaging laboratories
Common Medical Misdiagnoses & Reasons for Failure to Diagnose
Virtually any illness, disease, or ailment can be misdiagnosed or diagnosed too late. That said, some are more common, including but not limited to:
- Cancer
- Stroke
- Aneurysm
- Pulmonary embolism
- Fractures
- Internal bleeding
- Bacterial infection
- Spinal cord compression
- Sepsis
- Brain injury
- Autoimmune diseases
- Heart attack
- Asthma
- Meningitis
- Encephalitis
There are also some common causes of misdiagnosis and delayed diagnosis, including but not limited to:
- Failure to properly consult with the patient about their symptoms
- Failure to properly evaluate a patient’s symptoms (e.g., failure to conduct a thorough clinical examination)
- Failure to properly follow up and investigate the cause of symptoms
- Failure to order necessary testing, including blood tests and imaging studies
- Failure of physician to inform patient of serious condition
- Failure to correctly interpret and report on blood tests
- Failure to correctly interpret and report on diagnostic imaging, including X-rays, MRI, ultrasounds, and CT scans
- Failure of laboratory to report accurate results
- Failure to refer patient to a specialist when required
- Failure to distinguish between medication side effects and an illness
- Failure to do prenatal genetic screening
Medical Misdiagnosis FAQsAll FAQs
A misdiagnosis occurs when a doctor provides a patient with a diagnosis, but it is the wrong diagnosis. A delayed or missed diagnosis (failure to diagnose) occurs when a doctor advises a patient that they are healthy when the patient has an illness or medical condition. When either of these things happen, there can be a delay in receiving the care needed to become healthy again. It may result in significant injury—or even death—which would not have happened if the diagnosis was made correctly or promptly. Legate Injury Lawyers can help you determine whether medical negligence occurred in your case.
Any medical practitioner or institution that fails to take the proper steps to identify a correct or timely diagnosis, based on your medical presentation, may be liable. This can include doctors, nurses, and technicians involved in ordering and interpreting testing, referring you to proper specialists, and conducting medical examinations. These circumstances are often complicated and unique to your case. Legate Injury Lawyers are skilled in recognizing the steps medical practitioners should take while providing you with medical care. We can help you identify who may be responsible.
The law in Ontario requires you to start a lawsuit against a medical practitioner or institution for negligence within two (2) years of “discovering” the misdiagnosis or delayed diagnosis. This is known as the limitation period. The deadline for bringing a lawsuit will be different in each case based on the circumstances of your illness, symptoms, and medical treatment. In some cases, this may be two years from the date that you received the correct diagnosis. In other cases, this may be two years from the date you first suspected that something went wrong. To protect your right to start a lawsuit, contact a medical misdiagnoses lawyer as soon as possible to determine when your limitation period expires.
If we agree to proceed beyond an initial investigation in your case, we usually enter into a contingency fee agreement that governs how we are paid. Most individuals cannot afford to pay upfront for a lawsuit. Contingency fee agreements facilitate access to justice by allowing you to compensate us for our time by paying a percentage of the amount you recover at the end of the case. The percentage fee is decided upon based on the risks in your particular case, the amount of resources we will spend to properly prepare your case, and other factors that we will discuss together.nnThe Law Society of Ontario requires firms to publish the maximum contingency fee they charge to ensure the public can make informed decisions. Unless a court orders otherwise, our fee will not be more than 35% of your damages and costs. Your fee may be lower. Fees will always be discussed and agreed upon in advance to ensure there are no surprises.
Our Your Team
Your loved one's health, security and future is our why. Advocating for people who've experienced injuries is a labour of love for Legate Injury Lawyers. We've helped hundreds of families see beyond their current circumstances and secure brighter futures.
Linda Ye
Associate Lawyer
Amanda Enwright
Associate Lawyer