About Us

“…Sommers & Roth is recognized as one of the leading medical malpractice firms in Canada. I agree with this assertion. Both Mr. Elmaleh and Mr. Seibart who conducted the trial of this action… have a great deal of experience in litigating obstetrical negligence actions.”---Judge of the Superior Court of Ontario

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Sommers Roth & Elmaleh is a Toronto-based law firm recognized across Canada as one of the leaders in medical malpractice law. We provide legal services in all areas of medical malpractice law including:

A Rich History of Helping Patients

Sommers Roth & Elmaleh was established by eminently respected litigators Richard J. Sommers and Robert Roth, who have been reported as “perhaps the highest-profile medical negligence lawyers in the country.” Mr. Elmaleh, the firm’s current Principal, joined the firm in 1996 and quickly became the firm’s leading lawyer and assumed responsibility for managing the entire practice. By virtue of his successful, precedent-setting advocacy on behalf of his clients, Mr. Elmaleh has been ranked by Lexpert, the Canadian Legal Expert Directory and Best Lawyers in Canada.

Our firm’s particular area of interest has always been representing people injured by medical malpractice, and especially infants who were brain damaged or physically damaged at birth due to medical or nursing negligence. Our lawyers have represented injured clients in some of Canada’s leading medical malpractice trials, in the Court of Appeal and even the Supreme Court of Canada. We have won awards for our clients that have been the largest in Canadian history. See some of our cases and selected reported decisions here.

Our first case, Yepremian v Scarborough, was a precedent-setting medical malpractice case that settled on the doorstep of the Supreme Court of Canada. The case is still taught in law school to this day.

Since then, our lawyers have been counsel on some of the leading cases in medical malpractice litigation. Numerous decisions involving medical malpractice and general civil litigation issues in which our lawyers were counsel have been reported in various case law publications. These include: Crawford v. Penny, a case that was famous for many reasons (see Law Times Article), including being the largest Canadian personal injury (medical malpractice) award in Canadian history; Williams (Litigation Guardian of) v. North York General Hospital (expectation for a nurse to be knowledgeable about the drugs they administer); Tsur-Shofer v. Grynspan (a physician has a duty physician to take care with respect to unborn children); Soldwisch v. Toronto Western Hospital (medical malpractice victims have a right to trial by jury); Gutbir v. University Health Network (the destruction of medical records); and many others.

Our current hand-picked team of lawyers continues the legacy started by leaders in medical malpractice, and is dedicated to helping patients and their families whose lives have been drastically changed as a result of birth injury, medical negligence, or other medical error.

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.

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.

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 from as far away as the Middle East and Australia.

Sommers Roth & Elmaleh: Respected, Dedicated Medical Malpractice Lawyers

At Sommers Roth & Elmaleh, medical malpractice law is virtually all that we do. Our lawyers have been helping patients affected by medical errors for over 40 years and have helped to create and shape Canadian medical malpractice and personal injury law. We draw on our substantive technical proficiency and knowledge of the medical profession to help families in Toronto, throughout Ontario and other provinces including Alberta, British Columbia, Saskatchewan, Quebec, and the rest of Canada. If you or your child has been seriously injured or affected by medical error or negligence, call us at 1-844-777-7372 or contact us online for a free consultation.

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:

From Our Blog
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March 5, 2024

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February 27, 2024

How can a patient obtain their medical records?

February 20, 2024

How does a medical malpractice lawyer investigate potential negligence?

February 13, 2024

What are contingency fee and retainer agreements?

January 24, 2024

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


    See Our Lawyer's Reviews

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    JERRY ZHOU
    JERRY ZHOU
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.