“…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” 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:
- Misdiagnosis and/or the failure to diagnose a condition such as pulmonary embolism or cancer;
- Obstetric malpractice including spina bifida, shoulder dystocia/brachial plexus, and negligence causing cerebral palsy;
- Pediatric malpractice involving children or infants injured by medical malpractice;
- Pre-natal testing errors;
- Failure to properly and timely treat a condition;
- Prescription errors, including administration of the wrong medication or administration of the incorrect dosage;
- Hospital/Nursing errors, including laboratory errors, testing errors, dosage errors, surgical errors, anesthesia errors.
Compensation for Medical Malpractice
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
- Over $6 Million Over Lifetime for Missed Diagnosis Caused by Family Physician’s Failure to Carry out Conventional Screening and Monitoring of Pregnancy.
- Family of Brain Damaged Baby Recovers Over $7.1 Million as Obstetrician Ignores Diagnosis of Pre-Eclampsia.
- $8 Million Awarded to Girl with Cerebral Palsy Caused by an Episode of Prolonged Tachysystole During Labour.
- Girl with Cerebral Palsy Recovers Over $15.6 Million for Obstetrician’s Botched Forceps and Vacuum Delivery.
- Man With Cerebral Palsy Caused by Severe Hypoxic Ischemic Injury During Birth Awarded Over $11 Million.