Every operation carries risk, and a poor outcome is not automatically someone's fault. But some injuries are not the risk of the procedure — they are the result of care that fell below the accepted standard. When that happens, you deserve a legal team with the experience and resources to hold the responsible parties accountable.
Surgery concentrates a great deal into a short window. A team that has not confirmed the site, an instrument that is not accounted for, a bleed that is not recognised in recovery — each is a small failure with consequences that can be permanent.
The law does not treat a disappointing result as negligence. Recognised complications happen to careful surgeons, and consenting to a procedure means accepting its known risks. A claim arises when the surgical, anaesthetic, or post-operative care fell short of what a reasonably competent practitioner would have provided, and that failure caused an injury that would otherwise have been avoided.
The team of lawyers at Diamond and Diamond have experience handling surgical error claims across Ontario. 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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Our legal team reviews your operative records, imaging, and post-operative notes to assess whether the accepted standard of care was met.
If we take on your case, we pursue compensation for the harm caused by the surgical error.
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.
Surgical claims are not confined to the operating room. They arise across three phases, and the failure that causes the injury is often not the one that happened under the lights.
Before surgery, claims can involve inadequate assessment of a patient's fitness for the procedure, failure to review imaging or history, a site marked incorrectly, or a procedure carried out without valid consent. During surgery, they involve operating on the wrong site or the wrong patient, damage to organs, nerves, or blood vessels, and instruments or sponges left behind. After surgery, they involve failure to recognise bleeding, infection, or compartment syndrome, inadequate monitoring, and discharge before a patient is stable.
Some of these failures are severe enough to be treated as never events — incidents considered wholly preventable when established safeguards are followed. The Canadian Institute for Health Information tracks surgical site infections and procedure-associated conditions such as post-operative bleeding within CIHI's Hospital Harm indicator.
Not every one of these situations supports a claim, and some can occur despite careful practice. What matters is whether recognised safeguards were followed and whether the injury was avoidable.
Several of these failures leave a clear documentary trail — counts, checklists, consent forms, timing entries — which is why complete operative records matter so much in assessing a surgical case.
"After surgery, request your complete operative record — including the surgical report, anaesthetic record, instrument counts, and post-operative notes. These documents will greatly assist your legal team in reviewing your case."— Diamond & Diamond Lawyers
A surgical injury often means further surgery. Corrective procedures carry their own risks, recovery restarts, and what was planned as a short absence from work becomes months — or a permanent change in what a person is able to do.
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. Claims may also cover corrective and future surgery, rehabilitation, attendant care, home modifications, and out-of-pocket expenses.
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. Family members may also have claims of their own for loss of care, guidance, and companionship.
Speak directly with our legal team. Free consultations available 24/7.
1-800-567-HURTSurgeons, anaesthesiologists, nurses, and hospitals each have a duty to provide care that meets the accepted standard. 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 surgical error claims and will work 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.
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As the victim of an accident it’s a very frightening, bewildering and confusing time. You literally don’t know what you don’t know, so I’m sure that, at times, I must have bounced off a few walls and ceilings. In those moments I was courteously handled and never made to feel like i was too difficult or demanding a client.
The accident and aftermath was a very unpleasant experience overall and especially made so by police bias and their incompetent accident analysis; and the Mississauga city’s junction camera being out of operation June 2020 to January 2022 removed a critical piece of objective evidence. But with the collective assistance of Corey Sax and George Laloshi we persevered and resolved matters satisfactorily.— Alan E, Google Review, Aug 9, 2023
The foundation of any medical malpractice claim rests on proving that the health care provider fell below the accepted standard of care. In a surgical claim, this means showing that a reasonably competent practitioner, faced with the same patient and the same circumstances, would have acted differently — whether in the decision to operate, the technique used, or the response to a complication.
Establishing this standard typically requires evidence from qualified medical professionals who can speak to what constitutes acceptable surgical practice. An experienced personal injury lawyer at Diamond and Diamond can help you navigate this process.
Every procedure carries recognised risks, and a complication that was properly disclosed and properly managed is generally not negligence. The distinction the law draws is between an outcome that can occur despite competent care and one that occurred because care fell short.
That distinction usually turns on the record: whether the risk was disclosed and consented to, whether recognised safeguards were followed, and how quickly the team responded once something went wrong.
If you believe a surgical error caused your injury, request complete copies of your records — the consent form, operative report, anaesthetic record, nursing notes, instrument and sponge counts, and all post-operative documentation. Photograph any visible injury as it develops, and keep a written record of your symptoms and follow-up appointments.
Avoid discussing a potential claim with the providers involved in your care. Your next step should be to contact a personal injury lawyer with experience in medical malpractice cases, who can evaluate your situation during a free consultation.
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See All Medical Malpractice FAQsThis page provides general information about Ontario law and is not legal advice. Every situation is different. For advice about your circumstances, speak with a lawyer.
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