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Jul 19, 2025 in News --> Medication Errors

Medical Errors in Canadian Hospitals: Stats, Examples & Legal Options

Medical Errors in Canadian Hospitals: What Really Happens and What You Can Do About It

Most of us head to the hospital expecting help — not harm. In Canada, we trust our healthcare system and the professionals who care for us. But even with skilled doctors and nurses, mistakes can and do happen. A missed diagnosis, a wrong prescription, or an error during surgery can change a life in an instant.

While Canada’s healthcare system has a strong reputation, it’s not perfect. Medical errors are more common than many people think, and when they happen, the impact can be devastating for patients and their families.

In this post, we’ll take a closer look at how medical mistakes happen, share real examples from right here in Canada, and explain the legal options available if you or someone you love has been affected by a medical error.

How Big Is the Problem? The Numbers Speak Loudly

You might be surprised to learn just how often medical errors happen. The Canadian Institute for Health Information (CIHI) reports that 1 in every 17 hospital stays in Canada results in some kind of harm. That’s around 150,000 incidents a year. And these mistakes aren’t always minor. Some lead to permanent disability or even death.

Common types of harm include:

  • Getting the wrong medication or dose
  • Infections picked up in the hospital
  • Falls or preventable injuries
  • Surgical complications

Another report from the Canadian Patient Safety Institute estimates that medical errors contribute to 28,000 deaths annually across the country. These numbers are staggering, heartbreaking, and they highlight why accountability and prevention matter so much.

What Kinds of Medical Errors Happen?

Errors in hospitals can happen in different ways, from charting mistakes to poor communication between staff. Here are some of the most common:

1. Medication Mistakes

This includes giving the wrong drug, delivering the wrong dose, or failing to consider allergies or interactions. These errors are often the result of rushed care or unclear records.

2. Delayed or Missed Diagnoses

When a condition like cancer, stroke, or infection is missed or diagnosed too late, treatment might come too late—and that delay can be deadly.

3. Surgical Blunders

Operating on the wrong body part or leaving instruments inside a patient are rare but very serious mistakes that fall under hospital negligence.

4. Preventable Infections

Infections like MRSA, or wounds that become infected after surgery, are often the result of poor hygiene or missed protocol.

5. Birth Injuries

Errors during childbirth can lead to long-term complications for both mother and baby—injuries that often could have been avoided with proper care.

Stories That Hit Home: When Mistakes Turn Tragic

Here are just two real-life examples that shine a light on the human cost of medical errors in Canada:

Estate of Mary Fleury v. Dr. Kassim

Background: In 2011, Mary Fleury had an appendectomy. The pathology exam, conducted by Dr. Olayiwola Kassim at West?Parry?Sound Health Centre, failed to detect cancer. Four years later, in 2015, a laparoscopy revealed metastatic adenocarcinoma of her appendix. She died in 2016 at age 45.

Court ruling:

  • The Ontario Superior Court (2022 ONSC?2464) found Dr. Kassim negligent. The cancer was identifiable “with moderate ease,” visible even under low magnification, and her life would likely have been saved with timely diagnosis
  • Defence of “honest mistake” failed—the judge emphasized pathologists must exercise reasonable skill, not perfection

Damages awarded:

  • Non?pecuniary (pain & suffering): $120,000
  • Loss of care/companionship: between $50,000 and $100,000 per child/spouse.
  • Total pecuniary losses: $1,053,183 (over $1?million).

Boyd et al. v. Edington et al.

Background:

In December 2008, 24-year-old Danielle Boyd arrived at Hanover ER with headache, left-side numbness, slurred speech—all stroke signs. Dr. Edington diagnosed migraine, hypertensive crisis, or alcohol use. He lowered her blood pressure by ~37% over 3 hours. Later that night, she was transferred, given heparin, but too late. Diagnostic imaging revealed vertebral artery dissection. She suffered a severe stroke, resulting in paralysis from the neck down.

Court ruling:

Justice Sproat (Ontario Superior Court, 2014 ONSC?1130) found Dr. Edington breached the standard of care by:

  • Failing to include stroke in differential.
  • Lowering BP without anticoagulant, worsening the clot formation.
  • Delaying heparin administration, causing a debilitating stroke.

Damages awarded:

Danielle Boyd received $15 million, one of the highest malpractice awards in Canada.

These stories aren’t just legal cases—they’re reminders of the importance of speaking up and seeking justice when something goes wrong.

What Can You Do If You’re Affected?

If you believe a doctor, nurse, or hospital made a mistake that harmed you or a loved one, you have options. Legal help is available, and the process starts with understanding your rights.

1. Talk to a Lawyer

A qualified medical malpractice lawyer in Toronto or near your area can review your case and explain whether you might be eligible to file a medical error claim. These lawyers specialize in navigating the tricky world of medical law.

2. Gather Documentation and Medical-Legal Investigation 

Medical records, timelines, and any communication from the hospital or doctor are essential. Your lawyer will help you organize the facts and get expert opinions to support your case.

3. File a Claim

Once the evidence is ready, you can launch a legal claim stating that a healthcare provider failed to meet the standard of care. If proven, you could receive compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Future care needs

4. Negotiate or Go to Court

Many cases get settled outside the courtroom, but some go to trial. An experienced hospital negligence lawyer will know how to prepare for both scenarios—and keep your best interests front and centre.

It’s Not Just Hospitals—Other Care Settings Matter Too

Mistakes don’t just happen in hospitals. They also happen in long-term care homes, clinics, and other medical facilities. 

In this post on long-term care negligence, we looked at issues like residents being left unattended or given the wrong meds—problems that come down to poor staffing and training.

Meanwhile, emergency room malpractice during holidays is a growing issue. Hospitals often get overcrowded, and critical diagnoses can be missed when staff are overworked or under pressure.

Legal Progress: One Win Can Help Many

A recent legal victory featured in this article—Neinstein Personal Injury Lawyers Help Raise the Bar—highlights how successful claims can actually drive change. By raising compensation benchmarks in court, these cases also send a message to the healthcare system: Do better.

Choosing a Lawyer Who Gets It

Medical malpractice claims are hard to prove. That’s why your choice of lawyer matters. Look for someone who:

  • Knows this area of law inside and out
  • Works with top medical experts
  • Offers contingency fees (you only pay if they win)
  • Has a strong record of success with medical error claims

If you're in Ontario, a seasoned medical malpractice lawyer in Toronto will understand the unique provincial laws that might apply to your case.

Can We Prevent These Mistakes?

The short answer? Many of them, yes. In fact, plenty of hospitals across Canada are taking big steps to reduce errors by:

  • Improving communication between care teams
  • Moving to digital records
  • Implementing checklists for surgeries and procedures

But challenges like staff burnout and funding shortfalls still lead to preventable mistakes. That’s why organizations like Healthcare Excellence Canada are working with hospitals to track harm and create safer systems.

Final Thoughts: You Deserve Answers

Being harmed by a medical mistake isn’t just frustrating—it’s life-altering. But if you’ve experienced something that doesn’t feel right, you aren’t alone. There are legal protections in place, and people ready to help you through it.

Whether you're looking to file a claim or just get clarity on what went wrong, the right support can make all the difference. Visit MedicalMalpractice.ca to learn more or connect with a lawyer today.