Damages and Compensation

Our objective is obtaining compensation and financial security for our injured or disabled clients. At trial, we have won some of the largest medical malpractice awards in Canadian history for our clients.

Medical Negligence Damages in Canada

Medical Negligence Lawyers in Canada
An injured plaintiff is entitled to full compensation for their injury. This includes restitution for any financial losses or expenses caused by the injury, including loss of income, as well as funds for the purchase of equipment, goods or services. Our goal is to ensure that no matter what the future may bring, your injured or disabled family member will always be secure and have their needs provided for.

At Sommers Roth & Elmaleh medical malpractice is virtually all we do. Relying on a legacy of more than 40 years of trial experience, we are often successful in cases that other law firms believe will be unsuccessful. Our team of exceptional lawyers guide families through some of the most challenging times in their lives, so that families can begin to move forward.

Through assisting families who have suffered from medical negligence for over 40 years, we know that caring for someone who has been injured by medical malpractice can be expensive and difficult- and that government assistance programs are not enough.

Our objective is to ensure that each of our clients has financial security and will not have to rely on government subsidies, sponsorship or external funding to afford the cost of the goods, services, therapies, attendant care, equipment, and programs they will need- and deserve- over their lifetime.

    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.

    Other Compensation

    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 costs for items such as:

    • Past and Future Income Loss due to caring for an injured or disabled child;
    • Home Purchase/Modifications, such as a such as wheelchair accessible ramps (Bifold™ Suitcase Ramp/Trifold® Ramp), a wheelchair accessible primary entrance (Bio-matic™ Weather-Resistant Fingerprint Recognition Door Lock), emergency exits, level and paved driveway, appropriate attached garage, safety gates, security system, elevators (Savaria Stair Lifts –AmeriGlide Stairlifts, Vertical Lifts, Wheelchair Lifts, Elevators, Acorn Stairlifts, Hoyer lift), non-skid flooring, widened doorways, grab bars, bathtubs with doors (Aquam Spas), Walk-in Showers, Hydrotherapy Pools ;
    • Attendant Care/Respite services which are not covered by provincial government funding, such as private nurses (RN/RPN), Personal Support Workers (PSW), Disability Support Workers (DSW), or Rehabilitation Support Worker (RSW);
    • Medical and Rehabilitation Services such as Family Counseling, Speech Language Therapy, Physiotherapy, Occupational Therapy, Vision Care, Audiologist, Nutritionist, Case Manager, Psychology, Social Workers, and Dental Care;
    • Educational Expenses and Vocational Assistance such as an Educational Assistant or “shadow”, tutoring, specialized equipment, specialized programming (such as the Brighton LAUNCH program in Toronto); Vocational Rehabilitation Associates; Vocational Rehabilitation Services;
    • Transportation Expenses such as a modified vehicle (wheelchair accessible van or otherwise) by a company like MV-1 or Savaria, or a private taxi to and from appointments; Accessories: EZ Swivel Seat; Easy Reach™ Seat Belt Handle;
    • Medications not covered by provincial government funding (ie: Ontario Drug Benefit [ODB]), such as Botox, Tobramycin, Lorazepam, Tegretol, Levothyrroxine, hydrocortisone, nutropin, Desmopressin, Topiramate, Clobazam, Salbutamol, Clonazepam, Carbamezepine, Baclofen, Nasonex, Fluticasone, and Budesonide, and others which are not covered by OHIP or by a private insurer; Topical Analgesics: (Biofreeze® Professional Gel, Polar Frost®, Orthogel®);
    • Medical Equipment and Supplies, which are not completely covered by the Ontario Assistive Device Program (ADP), such respiratory devices, nebulizer systems, humidifiers, motion sensors, fans and air circulators, talking clocks, daylight therapy, respiratory devices, and similar;
    • Pain Relief: TENS (e.g.: Impulse, BioStim™, Comfor), moist heat packs (e.g.: Tropic Pac®, Custom-Touch™, HealthSmart®, Good2Go™), cold packs (e.g.: Performa™, Ice It!®, Polar Ice);
    • Mobility Equipment and Furniture such as wheelchairs/scooters (e.g.: Convaid Cruiser, Zippie Iris Wheelchair, Kanga TS Paediatric Wheelchair, Tumble Forms 2® Scooter), wheelchair accessories (trays, bags, drink holder, oxygen holder, gloves, rain poncho, urinary drainage bag holder, spare wheels, battery packs, seat belt, cushion covers, cane holder), rollators, paediatric walkers, standard walkers, walker accessories (such as basket, bags, organisers, trays gliders – tennis ball glides/walker skis), orthotics, paediatric gait trainers (e.g.: Comet and Star, Cricket™, Trekker), lift standers (e.g.: EasyStand®, Jenx, TriStander®, Tugs);
    • Vehicle Modifications: accessories such as EZ Swivel Seat; Easy Reach™. seat belt handle;
    • Exercise Equipment: stationary bikes, treadmills, mobility trainers, inversion tables, balance boards, exercise balls, and similar;
    • Kitchen supplies such as a one-handed cordless can opener, electric jar opener, utility cart, dycem mats, folding pan holder, food chopper, grater with suction feet, jar key, combination cutting board and pivoting knife, long-handled dustpan and brush, tilting stool with back and armrests, cut resistant glove, ergonomic relieve knife, Good GripsR, rolling shopping carts (Rolser);
    • Dining/Feeding: EZ Fill Liquid indicator; Homecraft Insulated Mug; bilateral glass holder;
    • Toileting and hygiene systems: high-back and low-back toilet support, Dura-Tilt shower commode chair, self propelled clean chair, self propelled shower/commode chair with swing arms, incontinence products (e.g.: draw sheets, E-Z Slide TLC Positioning Pad, disposable or re-useable pads, Dr Sleeper™ and Wetness Alert); waterproof chair pads;
    • Bathroom devices such as a shower stool, shower rail, adjustable height shower chair, commode chair, grab bar, bath lift, and safety devices;
    • Bedroom devices: including hydraulic lifts, transfer slides, transfer boards, bed wedges, and mattress systems;
    • Workstation supplies and school supplies such as a computer workstation desk, computer station seating, desktop copy holder, pencil/pen grip (e.g.: ErgoWriter; EZ Grip® Pen), Keys U Can See Keyboard, backrests and cushions;
    • Paediatric Seating: high-low chair, adaptable ABC chair, positioning chairs (e.g.: The Bumbo Seat™, Special TomatoR Soft Touch® Liners™, Special Tomato®), push chairs and strollers (e.g.: Concaid Cruiser, Convaid EZ Rider, Axiom Indoor/Outdoor Mobility Push Chair); feeder seats (e.g.: Cozzee®, Tumble Forms 2®);
    • Assistive Technology such as computer, printer, DynaVox, cochlear implant (e.g.: Nuclear 24 Channel Cochlear Implant), Soundfield FM system, Oticon Amigo receiver/T20 transmitter, Hushh-Ups, Penny & Giles Joystick, computer programs (e.g.: Go Talk, Prologuo2Go, Intellitools Classroom Suite, Kurzweil, Express 32, WordQ, Read and Write Gold); and talking devices.
    • Sensory &Gross Motor Activities: switches (e.g. Big Red® Ability Switch, Jelly Bean® Twist, Mono Trampoline), “Yes-U-Van” Fine Motor Exercises Kit, Peg Boards, Weighted Blanket (e.g.: Tumble Forms 2®), light stimulation;
    • Play Activities: card player card holder, deluxe card rack;
    • Specialized or modified Avocational/Recreational Activities such as Aqua Therapy, horseback riding (e.g.:Canadian Association for Riders with Disabilities; Canadian Therapeutic Riding Association), paediatric bikes (e.g.: AmTrykes, Imp & Tracker Tricycle), sailing (e.g.:Disabled Sailing Association of Ontario, Able Sail/CAN Sail Para), membership to specialized facilities or programming (e.g.:Variety Village);
    • Clothing – including adaptive clothing for those in wheelchairs with feeding or oxygen tubes (e.g: Silvert’s Adaptive Clothing & Footwear, ABL Denim).

    Contact Sommers Roth & Elmaleh in Toronto to Obtain Compensation for Injury or Disability

    If you or your child have been seriously injured due to medical malpractice, medical 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 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 Negligence Damages 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.