Is it possible to sue for damages for misrepresentation on behalf of a party in a medical malpractice case?

Here too, the short answer is “no” and here is why. For such a claim to succeed the aggrieved party must establish that: 1. There was a duty of care based on a special relationship; 2. The representation in question must be untrue, inaccurate or misleading; 3. The party making the representation must have acted negligently when he or she made the representation; 4. The party receiving the representation must have relied, in a reasonable manner, on the said negligent misrepresentation; and 5. The reliance must have been detrimental to the party that relied on the representation in that damages resulted. See Queen v. Cognos Inc. 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at para. 37 and Marks v. Ottawa (City), 2011 ONCA 248 at para. 21.