What Doctor Is Most Likely to Be Sued?

pregnant woman consulting with her OB/GYN

Have you ever had an experience with a doctor or medical professional that made you consider looking for medical malpractice lawyers? Unfortunately, it happens more often than you’d think, and you probably aren’t hearing anything about it.

In Canada, approximately 70,000 patients a year suffer “serious injury as a result of treatments,” and approximately 23,000 patients die annually due to “adverse events”. However, according to the National Post, we don’t have precise statistics, mainly relying on 15-year-old data, because “not even the sparsest of details is revealed” to the public.

We depend upon medical professionals to provide us with skilled, quality care. They spend their careers studying how to treat patients’ illnesses and injuries, and we trust them to heal our wounds and remedy our ailments. However, they do commit errors. Some mistakes are simple or unavoidable, while others can lead to devastating consequences such as injury, worsening health, or even death. Negligence, or the failure to take proper care, resulting in harm to another, on the part of a medical professional is considered medical malpractice.

Holding providers accountable, both professionally and financially, is vital. Not only can the medical community learn from their mistakes, but the victims may be entitled to compensation for loss of earning potential, effects on quality of life, medical bills, and other costs of an injury or illness.

We find that some medical professionals are more likely than others to be sued for malpractice. Here, we will discuss what doctors are more likely to be sued and why, as well as guide you through the first steps of your medical malpractice claim.

Injury or loss of a loved one due to medical malpractice is devastating. Though medical malpractice can be challenging to prove, experienced medical malpractice lawyers can build your claim and help you pursue the compensation you deserve. Call Klein Lawyers today at (604) 874-7171 for a free review of your medical malpractice claim in Vancouver.

What Types of Doctors Are the Most Likely to Be Sued?

Some doctors or medical providers are more likely than others to be sued. This can be due to inherent risk in the specialty, level of vulnerability in the patients, volume and rate at which patients are seen, and the importance of a quick, accurate diagnosis in care, among others.

Following is a list of doctors most likely to be sued for medical malpractice.


OB/GYNs are more likely to be sued for a few reasons:

  • Obstetrics is a riskier practice.
  • Malpractice in obstetrics comes with devastating and catastrophic consequences. Birth injuries can kill, which is heartbreaking, but they can also leave children needing lifelong care. Parents often feel they have no choice but to sue for the anguish they suffer in addition to a lifetime of medical bills and costs for continued care.
  • Doctors and medical providers in this specialty are often sued for sexual misconduct.

General Surgeons & Surgical Subspecialists

Surgery is a serious undertaking that can leave a patient feeling overwhelmed and unprepared, even when successful. However, in such a vulnerable state, many things can go wrong.

Possible surgical errors that warrant calling a medical malpractice lawyer could be operating on the wrong person, operating on the wrong part of the body, or even performing the wrong procedure, as well as failure to obtain informed consent and errors in monitoring patients post-op. Additionally, in Canada, from 2017–2018, 553 foreign bodies (such as surgical equipment) were left behind inside patients during surgery.

Read More: Can I Sue If a Foreign Object Is Left Inside Me During Surgery?

Emergency Physicians

In a major metropolitan area like Vancouver, BC, hospitals may handle thousands of patients a day, many of whom may be arriving through the emergency room. It is a high-stress environment that requires quick, precise action for patients in immediate distress. If a medical professional fails to prioritize, monitor, or correctly diagnose a patient, the outcome could be disastrous.

Read More: Common Mistakes Made in the Emergency Room


In many cases, a quick and accurate diagnosis is vital to getting treatment and saving lives. Radiologists are often sued for failure to diagnose or delayed diagnosis. Some radiologists may claim that they’ve done their jobs once they’ve written their findings in a patient’s chart, blaming the next person in the care process. However, faulty communication amongst care providers may also be considered grounds for a medical malpractice claim.


Surgical anesthesia is responsible for most medical malpractice claims among anesthesiologists. The most common complications from anesthesia are death, nerve injury, and permanent brain damage.

Anesthesia has many different applications in health care. The harm suffered by patients can range from dental injuries (the most reported injury) to injuries affecting the organs and nerves Complications of an anesthesia error may include chronic pain, cardiac arrest, and even death. These injuries’ seriousness and lasting effects make anesthesiologists more likely to be sued.

Most Common Medical Malpractice Claims

Among all of the doctors and medical practitioners who find themselves at the center of medical malpractice suits, these are the most common medical malpractice claims made:

  • Birth Injury
  • OB/GYN Malpractice
  • Misdiagnosis
  • Surgical & Anesthesia Errors
  • Hospital Errors

Reasons to Consider Hiring a Medical Malpractice Lawyer

If you suffered an injury while receiving medical care and you believe a doctor or other professional may have been negligent, it may be time to call a medical malpractice lawyer. An experienced lawyer can assess whether your claim meets the criteria for negligence.

  • Duty of Care: Did the practitioner owe a duty of care to the patient?
  • Breach of Duty: Did the professional violate their duty through negligence?
  • Direct causation: Is there proof that the breach of duty caused injury or illness to the patient?
  • Damages: Were there economic and noneconomic losses suffered by the patient as a result of the injury and illness?

The BC Limitation Act Section 6 states that the limitation period on medical malpractice claims is generally 2 years from the time a person knows or should have known that:

  • An injury, loss, or damage occurred
  • An injury, loss, or damage was caused by or contributed to by an act or omission
  • The act or omission was that of the person against whom the claim is or will be made
  • Regarding the nature of the injury, loss, or damage, a court proceeding would be an appropriate way to seek a remedy

However, the consequences of a medical error may not show up for years. Even if that is the case, you may still have a claim. That is why it is crucial to call a medical malpractice lawyer as soon as possible. A lawyer will be able to tell you whether you have a case and how to proceed.

Do You Have a Malpractice Suit? Contact Us Today

If you think that you or a member of your family may have been injured as a result of malpractice, you should call a medical malpractice lawyer promptly. The aftermath of medical negligence can be devastating and could reach further into the future than you can imagine.

At Klein Lawyers, we understand the gravity of the complications you’re facing and the frustration that your injury may have been easily prevented. Your pain and suffering may feel insurmountable, but we can guide you through the process toward just compensation. We are experienced Vancouver, BC, lawyers, and we strive to hold negligent medical professionals accountable—especially when so many incidences of medical malpractice fail to even be reported.

This is an incredibly complex process, but the team at Klein Lawyers is here to help. If you suspect that you or a family member suffered harm due to medical malpractice in Vancouver, BC, contact us today for a free consultation so we can start advocating for you and your family. We serve clients throughout British Columbia. There’s no obligation, and your consultation is completely confidential. We’re here to help victims of medical malpractice receive the justice they deserve.