“My wife and I brought a complex malpractice case that a number of other law firms told us was unwinnable and Sommers & Roth won it. When you choose this firm you choose experience, expertise and, most importantly, compassion.” – SRE Client

Pediatric Malpractice Lawyer in Canada

Every year, thousands of infants, children, and adolescents suffer serious injuries or die because of errors made by pediatricians, nurses, hospitals or other medical professionals. Medical negligence can have serious, life-changing consequences on both the children it affects, and their parents. Learning to live with the aftermath of a medical error, or with the loss of a child, can be emotional and financially devastating.

Patients and families who find themselves affected by a medical error or medical negligence require sound advice and guidance from lawyers with specific and significant knowledge in this specialized area of medical malpractice law. At Sommers Roth & Elmaleh in Toronto, we rely on a legacy of more than 40 years of representing victims of medical error and their families. Our lawyers are very well respected in both the legal and medical communities, have helped clients from across Canada navigate the often overwhelming medical-legal system, have been involved in a number of precedent setting decisions, and have a proven track record of success. We are regularly consulted by other lawyers who seek our well-respected opinions on challenging pediatric malpractice and other medical malpractice matters.

Common Medical Errors Affecting Children

Unfortunately, there are many different mistakes that can occur in the care and treatment of a child. Some of the most common types of mistakes include:

• Misdiagnosis and/or the failure to diagnose a condition such as Sepsis, Meningitis, Pneumonia or infection;
• Failure to detect and treat neurological conditions such as hydrocephalus (e.g.: with neurosurgery and inserting a ventriculoperitoneal shunt (VP shunt);
• Failure to properly and timely treat a condition;
• Prescription errors, including administering the wrong medication or administering the incorrect dosage of medicine;
• Surgical errors or misadventures, including anesthesia errors, tonsillectomy, and heart surgery.

Establishing Malpractice

In order to succeed with a pediatric malpractice claim, the individual bringing the claim (the plaintiff) must:

• satisfy the court that the conduct of the medical professional in question fell below the standard of care that the patient was entitled to receive; and
• prove that the negligence of the medical professional caused or contributed to the injury sustained.

In medical malpractice litigation, negligence means that a healthcare provider either did something they should not have done, or did not do something that they ought to have done, as measured against the expected, reasonable treatment which should have been provided under the circumstances.

Brampton Hospital settles for up to $21 million in case that left girl brain-damaged by septic shock and sepsis (Toronto Star Article)

In 2013, following the 3rd week of trial, Mr. Elmaleh and the team at Sommers Roth & Elmaleh obtained a settlement on behalf of a little girl whom, at approximately 3 months of age, was neglected by her nurse and went into septic shock. She developed mild hemiparesis following sepsis and regression of all her milestones. She had 3 hypotensive cardiac arrests, renal failure, right femoral vein thrombosis, multiple cerebral infarctions and bilateral pneumothoraces. Today, she suffers from the following impairments: Leg length discrepancy; Right Hemiparesis; Abnormal Gait; Thrombosis in the Leg; Seizures; Gross Motor Delay; Fine Motor Delay; Speech and Language Delay; Loss of the tips of her finger; Fatigue; and 24-hour supervision/ attendant care.

Up to $23 million for an inaccurate Simcoe-County Hospital laboratory report causing a missed diagnosis of bacterial meningitis in baby

In 2015, Mr. Elmaleh and the team at Sommers Roth & Elmaleh obtained a settlement on behalf of a previously healthy 3-month-old whom sustained permanent brain damage after a Simcoe-County Hospital’s laboratory failed to report abnormal blood test results showing that she had a severe bacterial infection (Meningitis). She now suffers from severe, permanent disabilities including a severe learning disability, a seizure disorder, quadriplegia, endocrinological problems, cortical blindness, cognitive delay and deficits, communication deficits, diabetes insipidus, secondary hypopituitarism, and scoliosis.