Medical Malpractice Lawyers in Canada

“…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

Law Firm for Medical Malpractice Lawsuits in Canada

Medical Malpractice Law Firm
“Medical malpractice” is the term commonly used to describe civil claims against doctors, nurses, hospital workers, and others in the medical field for medical negligence. Medical malpractice claims/lawsuits are made by patients or the families of patients who are injured or otherwise negatively affected by those who provided them with medical care. Medical malpractice claims generally involve allegations of negligence, breach of contract and/or breach of fiduciary duty.

In order to succeed with a medical malpractice claim in negligence, the person bringing the claim (known as 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 caused or contributed to the injury sustained.

In law, medical negligence simply 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.

Crawford v Penny – Urban and Rural Physicians Are Held to the Same Standard

In Crawford v Penny, our firm established that the standard expected of medical professionals is not lowered by the location of their practice or their lesser experience. Regardless of where they reside, all Canadians are entitled to the same quality of care and services provided by a qualified medical practitioner. The standard of care of a medical professional practicing in a rural community hospital or small town is the same as a medical professional in a large city. Similarly, a beginner is required to maintain the same standard of practice as an experienced professional.

The Advantages of Hiring a Toronto Personal Injury Lawyer Focused on Medical Malpractice Law

Medical malpractice lawsuits are litigated differently than most other lawsuits, and involve extremely powerful organizations including hospitals and other medical organizations, insurance companies (HIROC), as well as the Canadian Medical Protective Association (CMPA).

Malpractice suits are complex and highly technical, both legally and medically, and can take many years to resolve. The stakes are enormous. This can add significantly to a family’s already existing uncertainty, stress, and emotional turmoil, and contribute to their feelings of helplessness and vulnerability. A properly-run case often requires retaining numerous experts and our lawfirm often invests hundreds of thousands of dollars in our clients’ cases.

Medical malpractice claims should be handled by lawyers with extensive medical malpractice experience and the knowledge necessary to skillfully and effectively guide clients through this difficult process. At Sommers Roth & Elmaleh we have been representing patients and the families of patients affected by medical negligence for more than 40 years. We are regularly at the forefront of major developments in medical malpractice litigation and have set a number of ground-breaking legal precedents. We have been recognized as being among the top medical malpractice firms in Canada, as demonstrated by the sheer number of medical malpractice cases we have successfully litigated, a sample of which can be found here.

Common Types of Medical Malpractice

Some of the most common types of medical malpractice claims that we see include:

Compensation for Medical Malpractice

Our goal is your financial security. The results could be life-changing.

If you believe that you have been affected by medical error or negligence, you may have grounds for a lawsuit that could allow you to receive compensation to provide financial assistance and security for yourself and your family going forward.

“We thought it was our obligation, our duty as responsible parents to secure her future,”; “We have peace now that her future is secured. We can improve her life, both now and when we’re gone.” –Parents awarded approx. $8.5 million for 28-year old daughter with permanent brain damage and cerebral palsy at-birth

In addition to damages that may be awarded to victims and families in recognition of the injuries suffered, families may also be eligible to receive other compensation. This includes funds for:

  • Home Accessibility Modifications and/or Purchase, such as residential elevators, widened doorways, customized bathrooms, Hydrotherapy Pools, modified bedrooms for attendants and others;
  • Attendant Care Services in addition to those covered by provincial government funding (ie: Community Care Access Centre [CCAC]) such as private nurses (RN/RPN),Personal Support Workers (PSW); Disability Support Workers (DSW); or Rehabilitation Support Workers(RSW).

Contact Sommers Roth & Elmaleh for Trusted Guidance with your Medical Malpractice Claim

If you or your child have been seriously injured as a result of negligence or a medical error, contact Sommers Roth & Elmaleh. As one of the oldest medical malpractice firms in Toronto, we are well-established and highly respected in the medical malpractice field. We offer compassionate and knowledgeable guidance on every aspect of a medical malpractice claim, and have helped clients from all across Canada, including Ontario, Alberta, British Columbia, Saskatchewan, Quebec and Newfoundland. Call us at 1-844-777-7372 or contact us online for a free consultation.

Our Notable Medical Malpractise Cases

Cases Win

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.

    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.
    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.