Young Boy Awarded $20 Million for Injury at Hospital.

Court of Appeal Upholds $10 Million Award for Birth Injury

Doctor to Pay $12 Million to Boy for Birth Injury

One of the Most Experienced Medical Malpractice Law Firms in Canada

If you believe you are a victim of medical malpractice, call us. Our goal is your financial security. The results could be life-changing

Medical mistakes and health care negligence can have life-altering consequences for patients and their families. Dealing with the aftermath of a medical error can be emotionally devastating and stressful as victims and their loved ones struggle to cope with their new reality. The financial burdens are often overwhelming.

Victims of medical malpractice often are never informed that their injury was preventable, or that it should be investigated because they may be entitled to compensation. Many of our clients eventually come to the painful realization that they have a seriously disabled child or family member who will need extensive care, assistance and suppport throughout the rest of their lives. This is especially true for cases like birth injuries (including brain injury/cerebral palsy), surgical errors, misdiagnosis, or missed diagnoses like cancer. In other cases, the illness or death of a parent and breadwinner puts the family's future in jeopardy.

Medical malpractice lawsuits often involve complex questions of medicine and law. In our 40+ years of medical malpractice litigation, our experience is that patients are often told or led to believe that their condition is genetic, inevitable, or was not caused by medical malpractice. In other cases, our investigation revealed that medical malpractice was covered-up and medical records were falsified, or destroyed. Even friendly or helpful doctors may not give a straight answer about what happened and may not want to suggest that a patient’s condition may have been caused by negligence. A trusted family doctor may be unaware that medical malpractice occurred due to falsified medical records.

In these circumstances, a thorough investigation by an experienced medical malpractice lawyer with in-depth medical knowledge may be warranted.

Additionally, medical malpractice lawsuits are litigated much differently than other cases, and involve powerful players including hospitals, insurance companies (HIROC), and the Canadian Medical Protective Association (CMPA). Malpractice suits are challenging, highly technical, and often take years to resolve. The stakes are enormous. A properly-run case often requires retaining numerous highly-qualified medical experts and we typically retain some of the top medical specialists in the world. It also demands lawyers who understand both the law and the medical science. At Sommers Roth & Elmaleh we often invest hundreds of thousands of dollars in our clients’ cases. This can add significantly to a family’s already existing anxiety, and contribute to their feelings of helplessness and uncertainty. For these reasons, medical malpractice claims should be handled by lawyers with in-depth knowledge and extensive medical malpractice experience to compassionately and effectively guide clients through this difficult process. At Sommers Roth & Elmaleh we have this experience which is demonstrated by the sheer number of medical malpractice cases we have successfully litigated.

“Thanks Is Not Enough, to Our Lawyer Mr. Elmaleh. Thanking you in every special way for changing our lives and giving us a reason to live and go on. A big change has been made into our lives, so we would like to give you all our thanks. Hilik, You fought for us to the end. Sometimes there were disappointments but you were determined to go on – Today because of you a big change has been made into our lives.”

“Dear Hilik, I wanted to express my deepest gratitude to you for all you have done with respect to my daughter’s case. I wisely put my daughter’s destiny in your hands, and you helped open the lock to her now bright future. Words could never express my appreciation; you have impacted our lives forever!!!!”

“Thank You Hilik and everyone at Sommers & Roth for helping our son JP. For so many years we never had answers as to what happened to JP when he was born. But now we do. When no one was able to help our son, you took our case on and was prepared to spend so much time, money and effort to help JP. You won the case for us and now we know that JP will be taken care of for the rest of his life. You and your team at Sommers & Roth have changed our lives forever.  God Bless You!”

“In his closing address Hilik said to the members of the jury: "Zmora will live with your decision for the rest of her life; every single solitary day of her life. In arriving at your decision, members of the jury, you have truly the highest task that one can be called upon to do, which is to do justice". Hilik became a significant part of our lives and the path which we traversed with him will be treasured in our hearts for the rest of our lives."

“The people who made everything possible were the wonderful team of Sommers & Roth headed by Hilik, who did not hesitate to take the case despite the obstacles of the distance, obtaining testimonies and translating medical records…The rare combination of professionalism and tremendous knowledge, both judicial and medical, along with the warmth, compassion and absolute support are beyond words. All of this was embodied by Hilik's perfect navigation through the trial with the wonderful assistance of the great Sommers & Roth team.”

“Our son suffered a brain injury at birth which resulted in a diagnosis of Cerebral Palsy. Suspecting medical negligence, we sought legal advice. We were referred to Sommers and Roth and we were not disappointed. Hilik and his team took our case to court and achieved an outcome that has forever changed our lives. As a result of the incredible work of Hilik & Sommers and Roth, we now have the financial resources to truly take care of our son. He can receive all the therapies and educational support he needs, to optimize his potential...despite his diagnosis. We purchased a home and a wheelchair accessible van, so that our son is comfortable. His financial needs will be taken care of for life, which is a relief beyond words. We are forever grateful to Hilik and his team!”

Sommers Roth & Elmaleh:

Over 40 Year Legacy of Representing Victims of Medical Malpractice

Unlike most other personal injury firms, medical malpractice is virtually all we do. We are often successful in cases that other law firms refuse to take or believed will be unsuccessful. Having 40+ years of trial experience, when we are retained by clients we are ready to go with them all the way. We leave no stone unturned in our investigation and resolutely represent our clients in the most difficult circumstances. Our team of exceptional lawyers takes care of families in some of the darkest times of their life, so that families can take care of themselves and begin to move forward.

Over the last 40 years our lawyers have set ground-breaking legal precedents and are consistently at the forefront of legal developments in medical malpractice litigation. We have been recognized by our peers as being among the best medical malpractice lawyers in Toronto and as top medical malpractice lawyers in both Ontario and Canada. Many of our clients are referred to us by former clients, lawyers, Judges, doctors and even Canadian medical-legal experts.

Recognized as a leading practitioner in medical negligence law and by virtue of his successful, precedent-setting advocacy on behalf of his clients, Mr. Hilik Elmaleh has been ranked by L’expert, the Canadian Legal Expert Directory, and was selected for inclusion in Best Lawyers in Canada, 2016 and 2017. He is a member of The Law Society of Upper Canada, the Canadian Bar Association, the American Association for Justice, the Medical Legal Society of Toronto and the Toronto Lawyers Association.

Our lawyers are proficient in medicine and highly knowledgeable about Canada’s medical system. We are regularly consulted by influential members of the legal profession on difficult medical malpractice cases in Canada and internationally. We have assisted clients across Canada, the United States and internationally- from as far away as the Middle East and Australia. In addition to skillfully representing clients, our lawyers lecture at continuing professional education conferences educating other professionals, have guest lectured at Osgoode Hall Law School, have been asked to lecture about medical malpractice litigation in the USA, and have contributed to journals and other publications. We are frequently mentioned in the media, and are very well respected by our peers, and the medical community. We challenge the medical profession to uphold its standards and quality of care to the public.

Practice Areas

The dedicated, driven, and experienced medical malpractice lawyers at Sommers Roth & Elmaleh regularly assist clients and families with a wide variety of medical malpractice claims, including:

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