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:

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    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.


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