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Find Lawyers in Ontario, Canada for Medical Negligence
Practice Area Overview
Medical malpractice refers to negligent acts committed by health care professionals in carrying out their duties to a patient.
An honest mistake on the part of a doctor or nurse, or a bad outcome for the patient does not alone constitute medical malpractice. In order for negligence to have occurred, the conduct of a health care professional must fall below the standard of a reasonably competent doctor or nurse through a failure to exercise the care and skill required of the profession.
In order to succeed in a claim for medical malpractice, it is also necessary to prove that the negligent conduct of a health care professional involved in a patient’s care actually caused the patient’s injury. This means proving that “but for” the negligent conduct of the doctor or nurse, the patient would not have suffered their injury.
Proving both aspects of a medical malpractice claim – negligence and causation – requires the expert opinions of physicians or nurses similarly qualified as those in question to establish that the conduct in question fell below the standard of care and that this breach of the standard caused the patient’s injury.
Damages are awarded in successful medical malpractice cases under three main categories: cost of care, lost income, and pain and suffering. The goal in awarding damages is to put the plaintiff in the position they would be had the injury not occurred, as far as money can.
Medical malpractice is a highly specialized area of law, and claims are complex and expensive to run. Most of the evidence required is obtained through the evidence of experts which makes up the primary cost of bringing a medical malpractice claim to court, and even a strong case is no guarantee of success. As a result, the opinion of lawyers skilled in this area should be sought early to determine if a claim has merit and should be pursued.
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Richard M. Bogoroch is a highly regarded and accomplished personal injury lawyer. Mr. Bogoroch has over 29 years of experience and dedication to his profession, and is actively involved in the legal community. Mr. Bogoroch is a past Director of the Ontario Centre for Advocacy Training and a past Director of the Advocates’ Society. Mr. Bogoroch is also a past Chairman of the Canadian Bar Association - Ontario Provincial Committee on the Judiciary. He is also a member of the Metropolitan ...
Ryan has a general litigation practice including both commercial and personal injury litigation. He acts for both plaintiffs and defendants. Prior to founding his own firm, Ryan was a partner in the country’s leading litigation boutique, where his practice included representing doctors and other defendants in medical malpractice and personal injury cases, as well as a wide range of commercial litigation, including construction and employment law. Ryan has conducted many trials throughou...
Heidi R. Brown is a partner at Bogoroch & Associates LLP and is certified by the Law Society of Ontario as a Specialist in Civil Litigation. She was called to the Ontario Bar in 1993, and practised for seven years as counsel to the Children’s Lawyer, Ministry of the Attorney General for the Province of Ontario where she represented the legal interests of children in various litigation matters.Since joining Bogoroch & Associates LLP in November of 1999, Heidi has exclusively prac...
Kate Cahill is a personal injury lawyer, whose focus is primarily on medical malpractice cases, including claims arising from obstetrical negligence, surgical negligence, nursing negligence, emergency room negligence, medication errors, missed diagnoses and delayed diagnoses. Kate’s medical litigation practice extends to representing people who have suffered injury as a result of defective medical devices or surgical implants. Kate’s personal injury litigation practice also involv...
Paul’s advanced advocacy skills both inside and outside of the courtroom have led to him being recognized by the Law Society of Ontario as a Certified Specialist in Civil Litigation . Paul has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a recent $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the d...
Domenic Crolla is a partner with the firm's Ottawa office. His practice emphasizes professional and product liability, health law, and information technology matters. He counsels clients in a litigious and non-litigious setting. Additionally, he has an active interest in the application of information technology to professional practice, particularly in relation to the practice of law and medicine. Domenic is an advocate before all levels of courts and administrative tribunals. He has appeare...
Maria Damiano is a lawyer at the firm Harte Law Professional Corporation in Ontario. Since 2003 Maria’s practice has been restricted exclusively to the area of medical malpractice assisting victims of serious medical harm across Ontario and Canada. Maria has been actively involved in several high profile mass torts including litigation involving 225 patients of gynaecologist Dr. Errol Wai-Ping and 99 patients of former gynaecologist Dr. Richard Austin. Maria was called to the Bar of Ont...
Joseph Dart is a partner at Bergeron Clifford LLP. He was called to the bar in 2006, and began his legal career as a crown prosecutor in the Crown Attorney’s Office, first in Scarborough, and later in Belleville, where he worked on various high-profile criminal cases. During his time with the Crown’s Office, Joseph litigated many cases in both the provincial and superior courts of Ontario. Joseph joined Bergeron Clifford in 2015, and represents plaintiffs in negligence, medical ma...
Donald Dow is a partner in the firm's Ottawa office practising in the advocacy department. Donald’s practice is focused in the area of medical defence litigation, health law and professional disciplinary proceedings. Donald has over 17 years of experience in malpractice litigation, medical device/instruments liability claims, class actions and has handled numerous civil trials. He has appeared as counsel at the Ontario Court of Appeal and the Supreme Court of Canada. Donald heads our Ot...
Mr. Hilik Elmaleh is the Principal of Sommers Roth & Elmaleh Professional Corporation, medical malpractice lawyers. Hilik Elmaleh was called to the Ontario Bar in 1997 after articling at Sommers & Roth. Hilik Elmaleh practices in the area of civil litigation, with a particular focus on medical malpractice and personal injury litigation. He has appeared successfully before all levels of court in Ontario. He is a member of The Law Society of Ontario, The Canadian Bar Association, The Am...
Duncan is a Partner and Head of the Medical Malpractice group at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues. Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He als...
Paul Fruitman’s commercial litigation practice focuses on contract disputes, health law, real estate, departing employee cases, shareholder disputes and product liability. He has extensive experience acting for healthcare institutions and professionals in civil and regulatory proceedings. He also regularly acts as counsel to corporate directors and officers and in shareholder disputes and oppression claims. Paul has appeared at all levels of court in Ontario, the Federal Court and the F...
Jessica Fullerton is an associate lawyer with Nelligan Law and practices in the areas of personal injury and wrongful death, insurance defence, and civil litigation. Her work includes cases involving car accidents, employer negligence, slip-and-falls, medical malpractice, and bar and tavern liability. Jessica has appeared before the Ontario Superior Court of Justice, Small Claims Court, and at various administrative tribunals, including the Financial Services Commission of Ontario, Residentia...
Charles Gluckstein was called to the Ontario Bar in 1999 and is a Specialist in Civil Litigation, which encompasses personal injury, medical and professional negligence, motor vehicle claims, occupier’s liability issues, and products liability. An award-winning lawyer himself, Charles is known for his active support within the medical and disability communities and his innovative mindset for providing better and faster resolution to all Gluckstein client cases, without sacrificing even ...
Richard Halpern is a senior lawyer acting exclusively for injured people in medical negligence cases, with a special focus on infants injured at or around the time of birth. Richard is known across Canada for his expertise in birth injury cases. He has more than 30 years of experience representing seriously injured people. Richard has a detailed understanding of the highly technical medical issues, particularly relating to birth injury cases. His experience allows him to provide meaningful ad...
One of Canada’s leading litigators, Gillian is renowned for her empathy, fearless advocacy, and dedication to her clients. Gillian maintains a diverse civil litigation practice involving administrative and public law, professional liability (as preferred counsel for LAWPRO), health law, employment law, and general commercial litigation. Most notably, Gillian is one of Canada’s leading experts in gender-based violence and frequently takes on cases involving sexual assault, abuse, h...
" My clients’ lives have often been irreparably changed by their accident or disability. They require a caring ear, knowledgeable counsel, a creative problem-solver, and someone who is ready to go the distance. It is incredibly rewarding to be all of these things for my clients ." Meghan’s practice is devoted to all types of personal injury litigation on behalf of seriously injured plaintiffs and their families. She has genuine concern for the predicaments of her clients and goes ...
Alf earned his JD from the U of T in 1970. He and Morris Singer founded the firm in 1974. He has appeared at all court levels including the Supreme Court of Canada, where he appeared on behalf of the successful plaintiff in the landmark decision of Oldfield v. Transamerica Insurance. Alf has achieved some of Canada’s largest jury awards for punitive damages against an insurer. He acted for the plaintiff in the milestone case of Kamin v. Kawartha Dairy, which reduced the onus on plaintif...
Barbara Legate is the founding partner of Legate. Barbara has engraved her vision of excellence in personal injury litigation and service to clients onto the firm. For Barbara, every case is personal. With every client, she asks, "what would I expect if I was sitting in his chair? How can I help my client get back what she has lost, or protect the future of this family?" After over 35 years of practice, Barbara has earned a high level of respect for her thoroughness, legal acumen and results ...
Sloan Mandel was called to the Ontario Bar in 1996 and is certified by the LSO as a specialist in Civil Litigation. He is a partner at the law firm Thomson Rogers. He attended Cornell University and graduated from Osgoode Hall Law School in 1994. His practice focuses exclusively on personal injury and medical malpractice litigation on behalf of plaintiffs. Sloan is one of only 14 plaintiff-side personal injury lawyers in the province to have been concurrently listed in The Canadian Legal Lexp...
John’s practice and that of his firm, McLeish Orlando LLP, is dedicated exclusively to representing individuals who have suffered serious personal injuries, including traumatic brain injury and spinal cord damage. John also represents family members in wrongful death cases. John is a frequent lecturer and is published widely on continuing legal education programs on trial advocacy and matters related to actions for personal injury and wrongful death damages. He is a co-author of four te...
André Michael, a partner with Siskinds LLP since 1993, was called to the Bar in 1988. Born and raised in Antigua in the West Indies, André graduated from De La Salle College in Toronto in 1980 and received his B.A. (Psychology and Economics) in 1983 and his LL.B. in 1986 from the University of Western Ontario in London. André articled and practiced at the litigation firm, Haines, Livingstone, establishing an interest in medical malpractice that he continued to develop aft...
Aleks is a partner in the Personal Injury Group at Thomson Rogers and has a particular focus in the area of medical malpractice litigation. He has represented personal injury plaintiffs at the trial and appellate court levels. Aleks was named one of the leading medical malpractice lawyers in Canada by Lawday, a North American resource for the legal profession. He also has the honour of having been selected by his peers to be published in both the Canadian Legal Lexpert® Directory and The ...
Ken acts exclusively for people who have suffered medical negligence. He helps patients to successfully pursue claims against doctors, nurses, hospitals, hospital employees, clinics and other health care institutions in Canada. Ken has focused on medical malpractice actions since 2003. He has been successful at trial or negotiated settlement of lawsuits in most areas of medicine including: obstetrics and gynaecology; neonatology (care of the newborn); neurosurgery; neurology; orthopaedic surg...
Insurance Defence Group Head Sudevi Mukherjee-Gothi has a thriving litigation practice, representing insurance companies, companies with a self-insured retention, health professionals and corporations. In insurance defence matters, she focuses on occupiers’ liability, motor vehicle liability and the defence of professional liability (pharmacists, veterinarians, lawyers and independent adjusters). Sudevi also has experience in large environmental contamination cases, product liability ca...
Maureen Murphy is a partner in the firm’s Ottawa office. She practices in the areas of medical law and privacy law. She has experience representing clients before the Federal Court, Superior Court of Justice, as well as various administrative tribunals. Maureen has a particular interest in information technology and privacy law issues that affect medical professionals. Maureen provides businesses with advice on how to comply with Canada’s privacy laws. She assists clients in devel...
Daniela is a Partner and Lawyer in the Medical Malpractice Group at Neinstein Personal Injury Lawyers. Her practice is focused on plaintiff-side medical malpractice and traumatic injury litigation. She is known as a passionate advocate and thought leader amongst her peers and clients. Daniela regularly acts as counsel in complex multi-party medical malpractice trials and appeals, having appeared before the Superior Court of Justice and the Ontario Court of Appeal on several occasions. Her mos...
" The other founding partners at HSH and I set out to establish a firm which would have the highest standards of professionalism and integrity and would utilize efficient and state-of-the-art methods to help accident victims ." Neil is one of the founding partners of the firm and has years of personal injury litigation experience. In addition to MVAs, premises liability, disability claims, Neil handles major medical malpractice claims on behalf of children and adults who have suffered catastr...
Robert Sheahan is a partner in Gowling WLG's Ottawa office. Robb's practice focuses primarily on health law and medical defence, including acting as counsel to the Canadian Medical Protective Association (CMPA) and to physicians in the context of professional discipline matters and professional negligence. Robb has appeared before the Ontario Provincial Court, Superior Court of Justice, Court of Appeal, as well as various administrative boards and tribunals, such as health professions boards ...
Tara Sweeney joined Soloway Wright in 2000 as a civil litigation lawyer in Ottawa. Tara practices general litigation, including Professional Negligence, Medical Malpractice , Personal Injury , Estates Litigation and Commercial Litigation . Tara has appeared before the Superior Court of Justice, Divisional Court of Ontario, the Court of Appeal for Ontario, the Federal Court, the Federal Court of Appeal and various administrative tribunals, including professional colleges. Tara has been accepte...
James L. Vigmond has been practising personal injury litigation on behalf of plaintiffs for over 35 years. He is the former president of the Ontario Trial Lawyers Association (OTLA) and Simcoe County Law Association. Jim continues to be a leading figure of Ontario’s personal injury trial bar. At Oatley Vigmond, Jim leads a team of lawyers and support staff with broad expertise in spinal cord, brain injury, and serious orthopedic cases. Jim has been voted by his peers as among The Best L...
Considered by many to be one of Ontario's most respected civil litigators, David Williams practices in the areas of class action litigation, complex commercial litigation and personal injury . Notably, Dave also has a special record of achievement in medical malpractice cases where he has successfully represented plaintiffs. He has also been active in representing Ontario lawyers in litigation supported by LawPro — the Ontario lawyer’s professional liability insurance plan. As a v...
Sonia is an Associate and Director of Business Development and Knowledge Management at Neinstein Personal Injury Lawyers LLP. Her practice is focused on medical malpractice litigation. In her Director role, Sonia leads the firm's business development strategy and knowledge management system. She is known for her steadfast commitment to patient safety and belief that the legal and medical system can work better together to achieve quality healthcare. Sonia is a Board Member at Reconnect Commun...
Nicholas is an Associate at Neinstein Personal Injury Lawyers LLP. His practice focuses on medical malpractice litigation. Nicholas is known for his confident advocacy and solutions-oriented approach to legal issues. Nicholas has extensive trial experience and has appeared before the Ontario Superior Court of Justice, the Divisional Court, and the Ontario Court of Appeal. His most recent courtroom accomplishment includes victory in Hasan v Trillium Health (2022 ONSC 3175) involving a severely...
" I see clients at some of the most vulnerable times in their life and it is my job to help guide them through this difficult time. I understand that every client is different and that each client may need something different from me. My goal is to help clients focus on their recovery and achieve the best possible result that is right for them. " Samantha combines her past experience working in both plaintiff personal injury as well as insurance defence into her practice as a Senior Associate...
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