Medical Malpractice
Lawyers in Ontario
When a health care provider's negligence causes harm, you deserve a legal team with the experience and resources to hold them accountable. Diamond & Diamond has handled thousands of personal injury cases across Canada.
Get Legal Help from Medical Malpractice Lawyers You Can Trust
When a health care provider fails to meet the accepted standard of care, and that failure causes injury, you have the right to seek compensation. Medical malpractice cases are among the most complex personal injury claims in Canadian law, often requiring detailed medical evidence and experienced legal guidance.
The team of lawyers at Diamond and Diamond have experience handling medical malpractice claims. Scheduling a consultation is the first step toward understanding your rights and determining the strength of your case.
Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
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Past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
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Fill out our simple form for a free case evaluation - getting started with Diamond & Diamond is quick and straightforward.
We Build Your Case
Our dedicated legal team investigates your claim, reviews medical records, and gathers the evidence needed to build a compelling case.
We Fight for Your Rights
If we take on your case, we fight to secure the compensation you deserve for the harm caused by medical negligence.
Case Results
We've helped thousands of clients recover compensation across a wide range of personal injury cases.
An elderly woman was struck exiting her vehicle resulting in serious leg injuries. Our team obtained a settlement for $1.6 million.
Our client was involved in a head-on collision that broke both of her legs. Our car accident lawyers obtained a $1.25 million settlement.
A 21-year-old male was injured as a passenger in a motor vehicle accident, receiving a fractured neck. Settled prior to trial for $1.3 million.
Motorcycle accident - hit head-on by another vehicle travelling approximately 80 km/hr. Sustained multiple compound wrist and foot fractures.
Areas of Focus
Our personal injury lawyers have experience handling a wide range of medical malpractice claims. Select an area to learn more.
Birth Injury
Claims involving injuries during birth, including cerebral palsy and brachial plexus injury.
Brain Injury
Concussions, traumatic brain injuries and long-term neurological damage from medical error.
Pediatric Injury
Medical mistakes affecting children, from misdiagnosis to treatment errors.
Misdiagnosis & Delayed Diagnosis
Missed or delayed diagnoses that led to worsened conditions or lost treatment windows.
Nursing Errors
Errors in medication administration, monitoring and basic care by nursing staff.
Medication Errors
Wrong medication, dosage mistakes, and interactions caused by prescribing or dispensing errors.
Surgical Errors
Wrong-site surgery, retained instruments, and other operative mistakes.
Fertility Medical Negligence
Claims arising from IVF, embryo handling, and other reproductive care errors.
Emergency Room Errors
Failures in triage, diagnosis, or immediate treatment in emergency settings.
Anesthesia Errors
Complications and injuries resulting from anesthesia administration or monitoring.
Hospital-Acquired Infections
Infections contracted during hospital stays due to lapses in care or hygiene.
Failure to Obtain Informed Consent
Procedures performed without proper disclosure of risks or without valid consent.
Hypoxic-Ischemic Encephalopathy (HIE)
A brain injury from oxygen loss around birth or during an acute medical event β and a leading cause of cerebral palsy.
What Constitutes Medical Malpractice in Canada?
Medical malpractice occurs when a health care provider delivers substandard treatment that causes harm to a patient. Canadian medical literature commonly uses terms like "adverse event" or "sentinel event" to describe unexpected injury resulting from care, treatment, or management - rather than the underlying condition itself.
In Canada, medical practitioners operate in private practice, and all provinces maintain a single health insurance programme that covers virtually all residents. When the standard of care is breached, patients have legal options to pursue accountability and compensation.
It is important to act quickly. Most provinces require that medical malpractice lawsuits be commenced within two years of the date you became aware - or should have become aware - of the facts giving rise to the claim.
Common Medical Malpractice Cases in Canada
Patients in Canada can file medical malpractice claims when physicians fail to diagnose obstetric or pregnancy-related complications affecting both the mother's and child's health. Receiving proper prenatal care is critical, and failure to provide it can lead to serious birth injuries.
Other common claims include physicians failing to diagnose internal medical conditions, misdiagnosis, surgical errors, and prescription drug or medication errors that put patients at risk through the wrong treatment.
Patients may also pursue claims for costs associated with managing a chronic condition, disability, or otherwise preventable illness that was missed or left untreated in a negligent manner.
Hypoxic-Ischemic Encephalopathy (HIE) Claims
Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by reduced oxygen and blood flow to the brain. In newborns, it most often happens during labour and delivery and is one of the leading causes of cerebral palsy and lasting neurological disability. In adults, it usually follows an acute event such as cardiac arrest, an anaesthesia complication, or a surgical emergency.
Not every case of HIE involves negligence β but many do. When a brain injury follows a missed warning sign, a delayed intervention, or care that fell below the accepted standard, families across Canada may have grounds for a medical malpractice claim.
The team of lawyers at Diamond and Diamond have experience handling HIE claims for newborns and adults across Canada. Learn more about HIE claims and how cases are reviewed.
"If you suspect medical malpractice, immediately request copies of your medical records. These documents will greatly assist your legal team in building a strong case."- Diamond & Diamond Lawyers
Damages in a Medical Negligence Action
Medical negligence can have profound effects on every aspect of a patient's life - from permanent disability and loss of quality of life, to severe financial hardship including loss of work and future wages.
Damages are designed to restore plaintiffs to their pre-injury financial positions. Income loss from the date of trial into the future is typically calculated based on previous earnings, employment history, and evidence regarding prospective earnings.
Non-financial damages - such as pain and suffering - are more qualitative. Courts evaluate these based on previous case law that attributes a financial value to the impact of the injury or impairment on the patient's life.
Working with Medical Malpractice Lawyers
Health care providers have a duty to treat patients to the accepted standard of care. When that duty is breached and injury results, you need a legal team with the experience and resources to navigate the complexities of medical malpractice law.
The team of lawyers at Diamond and Diamond have experience handling medical malpractice claims and will fight to protect your rights while providing you with clear, honest legal guidance throughout the process.
Avoid making contact with other parties involved in your case. Your lawyers from Diamond and Diamond should be your main point of contact in any medical malpractice matter. Contact our law firm now to discuss your case.
"Diamond and Diamond helped me receive the settlement I deserve. My lawyer was helpful and guided me through every step of the way. My legal team was great with communicating all of my rights. I would recommend Diamond and Diamond to everyone."- S.J., Google Review
Important Information About Medical Malpractice
The foundation of any medical malpractice claim rests on proving that the health care provider fell below the accepted standard of care. This means demonstrating that a reasonably competent practitioner in the same field would not have acted in the same way under the same circumstances.
Establishing this standard typically requires testimony from qualified medical professionals who can speak to what constitutes acceptable practice. A skilled personal injury lawyer at Diamond and Diamond can help you navigate this process and connect you with the right resources.
There are important deadlines for starting medical malpractice lawsuits in Canada, known as limitation periods. If you are suing a health care professional or institution, the lawsuit must generally commence within two years of the date when you knew - or ought to have known - the facts giving rise to the claim.
In cases involving the death of a patient, the lawsuit must be commenced no later than two years from the date of death. Acting quickly is essential to preserving your right to seek compensation.
If you suspect medical malpractice, take these steps immediately: request copies of all your medical records, document your symptoms and any changes in your condition, and avoid communicating with the other parties involved in your care about the potential claim.
Your next step should be to contact a personal injury lawyer with experience in medical malpractice cases. The team at Diamond and Diamond can evaluate your situation and advise you on the strength of your claim during a free consultation.
Frequently Asked Questions
You should contact a personal injury lawyer if you believe a health care professional fell below the accepted standard of care and that failure caused you injury and damages. The sooner you reach out, the better - limitation periods may apply.
Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by a lack of oxygen and blood flow to the brain. In newborns it usually occurs during labour and delivery and is a leading cause of cerebral palsy; in adults it often follows cardiac arrest or an anaesthesia complication. When HIE results from a preventable medical error, families may have grounds for a malpractice claim. Read more about HIE claims.
HIE is a brain injury caused by oxygen deprivation, usually identified soon after birth. Cerebral palsy is a lifelong motor disorder that can develop as a result of that injury β it is one of several possible outcomes of moderate or severe HIE. A child may be diagnosed with HIE shortly after birth and later receive a cerebral palsy diagnosis as the long-term effects become clear.
To establish medical malpractice, you must show three things: a doctor-patient relationship existed, the health care provider caused harm in a way a competent practitioner would not have, and that harm led to specific damages. To best understand your situation, consult with a personal injury lawyer.
Yes. Most provinces in Canada have incorporated a "discoverability rule" into their statute of limitations. This means the clock does not start running until the patient discovers - or reasonably should have discovered - the facts suggesting negligence was involved.
You may be entitled to compensation for medical expenses, lost wages, loss of future earnings, pain and suffering, loss of quality of life, and costs associated with ongoing care or rehabilitation. Every case is unique, and a personal injury lawyer can help assess the full scope of your damages.
The CMPA is a mutual defence organization that provides legal defence and liability protection to physicians in Canada. When a medical malpractice claim is filed, the CMPA typically represents the physician. Having experienced legal representation on your side is essential when facing the resources of the CMPA.
Yes. In addition to claims against individual practitioners, you may also file a claim against a hospital or health care institution if their policies, procedures, or staffing decisions contributed to your injury. A personal injury lawyer at Diamond and Diamond can help identify all liable parties.
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