Medical Malpractice Lawyers in Ontario
A poor medical outcome is not automatically negligence. A malpractice claim requires proof that the care fell below the accepted standard and that the failure caused the harm, which are two separate things.
Deadlines that apply to you
These are the dates that end claims. Check them first.
In most Ontario claims you have two years from the day you knew, or ought to have known, that you had a claim.
Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4
The limitation period does not run while the injured person is under 18. It starts on their eighteenth birthday.
Limitations Act, 2002, s. 6
How this actually works
These are the hardest injury claims to win in Canada, and it is fairer to say that at the start than after a family has spent two years on it.
Two things must be proved separately. First, that the care fell below the standard expected of a reasonable practitioner in that field. Second, that the failure actually caused the harm, rather than the underlying condition causing it. Cases regularly clear the first and fail the second.
Defendants in these cases are well resourced and they defend hard. That is a reason to assess honestly early, not a reason to avoid meritorious claims.
Get the complete records
Everything, including nursing notes, imaging, medication administration records and any incident report. The answer is usually somewhere in the file.
Independent expert review
A specialist in the same field reviews whether the care met the standard. If it did, we tell you that and you have not spent years finding out.
Address causation separately
The distinct and harder question of whether the failure caused this harm. This is where most otherwise strong cases end.
Proceed only where it is warranted
If the expert evidence supports it, these cases are run properly and thoroughly. If it does not, we say so.
What this costs you
We fight for the maximum compensation your claim will carry, and you do not pay a dollar unless we win.
Nothing up front. The consultation is free, we act on contingency, and we advance the costs of building the case so a claim is never held up by money. If we do not recover anything, you do not owe a fee.
- Free consultation, no obligation
- Not a dollar unless we win
- We advance disbursements
- Home and hospital visits across the GTA
Questions we get every week
You usually cannot know without an expert review of the records. A bad outcome can follow entirely competent care, and competent care is a complete answer to a claim.
Generally two years from when you knew or ought to have known, which in medical cases can be later than the treatment itself. Where the patient is a child the clock does not start until they turn 18.
The claim is usually against the practitioner, and often the hospital as well. In practice their insurers and legal representatives conduct the defence.
You are entitled to continue receiving care, and you can transfer to another practitioner at any point.
Because they need multiple specialist experts and they are defended vigorously. That is why an honest early assessment matters more here than anywhere else.
Related areas
Wrongful Death
Ontario's Family Law Act allows a spouse, children, parents, grandparents and siblings to claim for the loss of care, guidance and companionship, along with financial dependency and funeral costs.
Read moreTraumatic Brain Injury
A traumatic brain injury can be severe and permanent while every scan comes back normal.
Read moreCatastrophic Injury
In Ontario, a catastrophic impairment designation raises the combined medical, rehabilitation and attendant care limit from $65,000 to $1,000,000 and removes the time limit.
Read moreFurther reading
Plain-language guides on the parts of an Ontario claim people ask about most.
Where we act in Ontario
The limitation period, the statutory deductible and the tort threshold are provincial, so they are identical in every city here. What changes is who must be served inside the 10-day notice window, and that is decided by the city.
The lawyer on your file
A lawyer reads every enquiry. Not a form.
Send us what happened and Shawn Sidhu reads it himself, then replies the same business day. The first conversation is free and there is no obligation.
If we do not think you have a claim, we will tell you that too. You will know where you stand before you decide anything.
Shawn Sidhu, Lawyer
Called to the bar in British Columbia, 2013
University of British Columbia · University of Birmingham
- Free consultation, no obligation
- Not a dollar unless we win
- We come to you at home or in hospital
Your fight becomes ours the day you call us.
Consultations are free and there is no obligation. If we take the case you pay nothing unless we win, and if we think you do not have a claim we will tell you that too.
Start your free case review
Tell us what happened. A lawyer reviews every enquiry, and we reply the same business day.
Thank you. We have your request.
A lawyer is reviewing what you sent and will call you the same business day. There is nothing else you need to do right now.
If you would rather not wait, call us now.
(416) 678-8765Free consultation, and no fee unless we win.