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Find Lawyers in 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...
Born and raised in Calgary, Alberta, Steve is a strong advocate for his fellow Calgarians. Steve completed his undergraduate degree at the University of Victoria where he majored in Sociology. Following the University of Victoria, Steve attended at Cardiff University in Cardiff, Wales, where he obtained his Law Degree with an honours distinction. Steve has practiced almost exclusively in the area of personal injury litigation and medical malpractice litigation since beginning his legal career...
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...
Taryn Burnett is a partner in firm's Calgary office. Her practice focuses on civil litigation and privacy related matters. In her civil litigation practice, Taryn's practice focuses on professional and product liability. Taryn acts on product liability cases in various industries, including the automobile industry, where she has been the trusted adviser to a large industry client migrating their risk, providing creative solutions and delivering dedicated client service. In addition, she regul...
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...
Nicholas is a partner in the Regina office and focuses on professional liability defense, insurance defense, and privacy law. Nicholas is a member of McKercher’s Health Law Practice Group and Insurance Defence Practice Group. His practice concentrates on professional liability defence, construction claims, aviation claims, product liability claims, and professional discipline. He has represented numerous professionals in legal actions and regulatory matters, including lawyers, physician...
Blair began his legal career with MacKimmie Matthews in 1986 and was a founding partner of Carbert Waite LLP in 1999. Blair’s diverse practice of law has taken him to Canada’s three coasts, advising and acting for individuals, corporations, estates, public institutions and governments. As a senior partner with Carbert Waite LLP, Blair engages on a wide range of difficult cases that demand an advanced understanding of the law, relentless inquiry into the facts, appropriate strategi...
Sheila is a partner in the Saskatoon office and practices in the area of civil litigation. She has experience in the areas of Insurance Law, Health Law, and Medical Malpractice Defense. As a member of McKercher LLP's Insurance Law and Health Law practice groups, she has handled claims related to personal injury, property damage, coverage and professional licensing and discipline. In all areas of her practice, Sheila believes very strongly in alternative dispute resolution, which results in sa...
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...
Over the past decade I recovered millions of dollars in settlements for injured patients and their families in cases against surgeons (general, vascular, orthopedic), cardiologists, emergency physicians, general and family physicians, as well as nurses, chiropractors and dentists. For the past 15 years, I have focused my practice on medical negligence claims for injured patients and their families. Medical malpractice claims are difficult and my years of experience doing these cases have resu...
Brian Devlin QC started his law career with the firm of Jones Black, now known as Bennett Jones. He articled to Jack Major QC, the leading medical negligence defence lawyer in Alberta at the time, who went on to become a judge on the Supreme Court of Canada. Mr. Devlin practiced with Mr. Noel O’Brien QC and Don Macleod QC as the firm of O’Brien Devlin Macleod for approximately 43 years. Mr. Devlin has since decided to streamline and focus his practice and was invited to join the f...
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...
Cameron is a partner with Harper Grey practising in the areas of construction & engineering, commercial litigation and health law. In his health law practice, Cameron has many years of experience assisting, advising and defending physicians in medical malpractice claims and in matters relating to professional and ethical conduct. Cameron’s construction law practice is primarily focused on defending engineers and architects against error and omissions claims, and advising on risk man...
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...
A personal injury lawyer, Pat has dedicated his 35+ year career to helping people in need obtain funds for their care and treatment, and to recover financially from the impact of an accident. Whether a client has suffered a life-changing injury requiring permanent care or has had to take time off work to recuperate from an accident, Pat has the experience, resources and knowledge needed to attain a fair and timely settlement. Pat begins each new matter by meeting with his client for a detaile...
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...
Craig Gillespie is a founding partner of Cuming & Gillespie LLP . He is a leading personal injury, class action, and medical malpractice lawyer with a proven track record of success. With decades of experience representing clients throughout Western Canada, he has secured multi-million dollar settlements and verdicts in complex cases. Craig has been consistently recognized for his exceptional work, including being named medical malpractice lawyer of the year. Beyond his legal practice, Cr...
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...
" 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 ...
Dianna Hwang is a Partner at Alexander Holburn. Her practice is primarily litigation-based with an emphasis in Health Law. She represents Health Authorities, hospitals and nurses in medical negligence claims. She also advises Health Authorities on matters related to quality assurance. In addition to her Health Law practice, she also regularly provides representation to municipalities in local government claims and lawyers in solicitor’s negligence claims. Dianna works closely with her c...
Kim is a partner with Harper Grey, Chair of our Health Law Group, and an elected member of our Practice Management Committee. At the beginning of her career, Kim represented the College of Physicians and Surgeons of B.C. and had a general litigation practice. She currently maintains a busy broad based practice. Her civil litigation practice includes professional liability, general insurance and major property loss disputes as well as a small percentage of plaintiff’s personal injury wor...
The Bâtonnier Michel Jolin has been a partner of the firm since 1988 and is a member of the civil and commercial litigation group. Before joining the firm, he was Director of Litigation Services for the Quebec Department of Justice. He was Vice President of the Quebec Bar in 1986-1987 and Bâtonnier (President) in 1987-1988. Throughout his career, he has been very active in educating and training litigators. He has also been a sessional lecturer at the universities of Montreal and ...
Ryan Kitzul’s litigation experience is diverse and includes medical negligence, privacy, professional liability and professional regulatory matters. Ryan is also an experienced commercial litigator, successfully representing both plaintiffs and defendants at all levels of court in Saskatchewan and the Court of King’s Bench of Alberta. Ryan has acted as counsel for health service providers across Saskatchewan. He has considerable experience working with The Health Information Prote...
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...
Paul McGivern is a senior litigator acting exclusively in plaintiffs' medical negligence and infant injury litigation cases. For the past 30 years his practice has been focused on complex catastrophic cases, especially infant birth trauma cases. He is frequently consulted by counsel throughout Canada for his expertise in this area. Paul is consistently recommended in The Canadian Legal Lexpert® Directory as a leader in medical malpractice cases, and was selected for inclusion in the 2007 ...
I have been at Weir Bowen since the start of my legal career in 2009, and I’ve had the good fortune to work with pioneers in the medical malpractice area, and fantastic lawyers in many other areas of law. When you hire me, you get the benefit of not just my experience, but also the experience of our team. I am proud that I have the ability and privilege to be able to work for people who have unfortunately been injured through the negligence of somebody else. Most of my clients have been...
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...
I was born and raised in Grande Prairie, Alberta and moved to Edmonton in 2006. I joined Weir Bowen LLP in August 2012 because of my interest in civil litigation and, more specifically, interests in negotiation, mediation, and trial advocacy. I quickly developed an interest in representing clients in medical malpractice claims. I am proud to help injured clients in their pursuit of justice against the parties that have caused their injuries. Medical malpractice cases often involve complex iss...
Jonathan is the Managing Partner at Harper Grey. In addition to his role as Managing Partner, Jonathan practices in the areas of health, insurance, construction, and professional regulation. With over 20 years’ experience, Jonathan brings a well-rounded perspective and judgment to his diverse practice. His practice includes advising and assisting physicians in professional liability and professional disciplinary matters. Jonathan’s work on behalf of insurers includes liability def...
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...
In 1991 I left the partnership of a major Edmonton law firm to work with Weir Bowen; particularly with John Weir QC, one of Alberta’s leading medical malpractice lawyers. Since joining Weir Bowen I have focussed my practice on representing individuals who have suffered injuries or death as a result of medical errors. As my practice evolved over time I began representing children who were injured as a result of medical malpractice. Many of my cases involve children who have suffered a br...
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 ...
Joel is a Partner in Harper Grey’s Health Law, Commercial Litigation, Professional Regulation, and Insurance Law practice groups. Joel’s practice focuses on professional liability; commercial litigation, including multi-party cases and class actions; insurance litigation; and administrative law. He routinely acts as counsel on complex cases and appeals. He has represented clients at all levels of court in British Columbia and before various administrative tribunals. Joel is the fi...
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