Pediatric Malpractice

“My wife and I brought a complex malpractice case that a number of other law firms told us was unwinnable and Sommers & Roth won it. When you choose this firm you choose experience, expertise and, most importantly, compassion.” – SRE Client

Pediatric Malpractice Lawyer in Canada

Pediatric Malpractice Lawyer
Every year, thousands of infants, children, and adolescents suffer serious injuries or die because of errors made by pediatricians, nurses, hospitals or other medical professionals. Medical negligence can have serious, life-changing consequences on both the children it affects, and their parents. Learning to live with the aftermath of a medical error, or with the loss of a child, can be emotional and financially devastating.

Patients and families who find themselves affected by a medical error or medical negligence require sound advice and guidance from lawyers with specific and significant knowledge in this specialized area of medical malpractice law. At Sommers Roth & Elmaleh in Toronto, we rely on a legacy of more than 40 years of representing victims of medical error and their families. Our lawyers are very well respected in both the legal and medical communities, have helped clients from across Canada navigate the often overwhelming medical-legal system, have been involved in a number of precedent setting decisions, and have a proven track record of success. We are regularly consulted by other lawyers who seek our well-respected opinions on challenging pediatric malpractice and other medical malpractice matters.

Common Medical Errors Affecting Children

Unfortunately, there are many different mistakes that can occur in the care and treatment of a child. Some of the most common types of mistakes include:

  • Misdiagnosis and/or the failure to diagnose a condition such as Sepsis, Meningitis, Pneumonia or infection;
  • Failure to detect and treat neurological conditions such as hydrocephalus (e.g.: with neurosurgery and inserting a ventriculoperitoneal shunt (VP shunt);
  • Failure to properly and timely treat a condition;
  • Prescription errors, including administering the wrong medication or administering the incorrect dosage of medicine;
  • Surgical errors or misadventures, including anesthesia errors, tonsillectomy, and heart surgery.

Establishing Malpractice

In order to succeed with a pediatric malpractice claim, the individual bringing the claim (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 of the medical professional caused or contributed to the injury sustained.

In medical malpractice litigation, negligence 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.

Brampton Hospital settles for up to $21 million in case that left girl brain-damaged by septic shock and sepsis (Toronto Star Article)

In 2013, following the 3rd week of trial, Mr. Elmaleh and the team at Sommers Roth & Elmaleh obtained a settlement on behalf of a little girl whom, at approximately 3 months of age, was neglected by her nurse and went into septic shock. She developed mild hemiparesis following sepsis and regression of all her milestones. She had 3 hypotensive cardiac arrests, renal failure, right femoral vein thrombosis, multiple cerebral infarctions and bilateral pneumothoraces. Today, she suffers from the following impairments: Leg length discrepancy; Right Hemiparesis; Abnormal Gait; Thrombosis in the Leg; Seizures; Gross Motor Delay; Fine Motor Delay; Speech and Language Delay; Loss of the tips of her finger; Fatigue; and 24-hour supervision/ attendant care.

Up to $23 million for an inaccurate Simcoe-County Hospital laboratory report causing a missed diagnosis of bacterial meningitis in baby

In 2015, Mr. Elmaleh and the team at Sommers Roth & Elmaleh obtained a settlement on behalf of a previously healthy 3-month-old whom sustained permanent brain damage after a Simcoe-County Hospital’s laboratory failed to report abnormal blood test results showing that she had a severe bacterial infection (Meningitis). She now suffers from severe, permanent disabilities including a severe learning disability, a seizure disorder, quadriplegia, endocrinological problems, cortical blindness, cognitive delay and deficits, communication deficits, diabetes insipidus, secondary hypopituitarism, and scoliosis.

    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.


    Compensation for Pediatric Malpractice

    If you believe your child’s injury was caused by error or negligence by a hospital, pediatrician, specialist, nurse, technician, or other medical professional, you may have grounds to file a lawsuit to obtain compensation to provide financial security to cover the ongoing costs of care for your child.

    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 compensation for the costs incurred in caring for your injured or disabled child. This includes funds for:

    • Home Accessibility Modifications, such as modification of bathrooms and kitchen, the widening of doorways, as well as the addition of a residential elevator, and any other necessary changes that may make a home more accessible;
    • Attendant Care Services such as private nurses (RN/RPN) ,Personal Support Workers (PSW); Disability Support Workers (DSW); or Rehabilitation Support Worker (RSW) that are in addition to any covered through provincial government funding (ie: Community Care Access Centre [CCAC]).

    Experienced Toronto Pediatric Malpractice Lawyers

    If your child has suffered an injury as a result of medical error or a health care professional’s negligence, contact Sommers Roth & Elmaleh for trusted legal advice and guidance. Our respected medical malpractice lawyers have significant experience representing clients in pediatric malpractice claims. Call us at 1-844-777-7372 or contact us online for a free consultation.

    Our Notable Pediatric Medical Error 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.
      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.