Common Myths About Medical Malpractice Claims (Yes, free case reviews and ‘no win, no pay’!)

Following our recent appearance on CTV news and the subsequent questions we received and comments we observed from the public, we noted that many misconceptions still exist regarding medical malpractice claims.

Some of the most common misconceptions and myths we regularly address include:

  • Medical malpractice claims are expensive;
  • A top medical malpractice firm has the highest fees and takes most of the compensation;
  • The process will be overwhelmingly stressful;
  • Pursuing a medical malpractice claim will be huge time commitment;
  • I feel uncomfortable making a claim against my doctor or hospital;
  • My children suffered trauma at birth but I don’t think it’s the nurses/ physician’s fault.

Myth #1: I’m not Able to Afford an Expensive Medical Malpractice Claim

Fact: We Offer Free Case Reviews and Operate on Contingency (We Only Get Paid If You Win)

Our firm has the experience, financial stability, and confidence to offer free case reviews, contingency fees, and to advance the expenses of litigation on behalf of our clients.

Medical malpractice suits are very expensive to litigate. These cases often involve thousands of pages of medical records and other documents, testimony by experts and other witnesses, and raise complex, technical, and intertwined questions of law and medicine. In addition, there is generally intervention from powerful players with massive resources, including insurance companies (HIROC) and the Canadian Medical Protective Association (CMPA)

However, these costs should not dissuade families from pursuing a medical malpractice claim. In fact, families should be aware that they can afford to get the help they need.

At Sommers Roth & Elmaleh, we offer:

  1. Free case reviews and free consultations.
  2. We also operate on a contingency fee basis. In other words, this means that our clients do not have to pay for our services or expenses unless the claim is successful either through a settlement or trial.
  3. To cover the cost of litigation, we often invest hundreds of thousands of dollars into our clients’ cases on their behalf.

If the case does not go in the client’s favour, the client pays us nothing (not even our expenses).

Myth #2: A Top Medical Malpractice Lawfirm Has the Highest Fees and Takes  Most of the Compensation

Fact: Our Rates are Often at or Below the Industry Standard – Our Clients Get the Lion’s Share

Our goal is to secure our clients’ future and so we cap our contingency fees, to ensure that our clients always recover the lion’s share of the funds. All of the fees are clearly spelled out in a retainer agreement, so our clients can have certainty.

We have won some of the largest awards in Canada and therefore have been able to keep our contingency fees at, or even below, industry standards.

Myth #3: The Process Will Be Overwhelmingly Stressful

Fact: We Handle All Aspects of the Case From Start to Finish So You Can Focus on Your Family

After we win a case, our clients are often very pleasantly surprised at how little effort or active participation was required from them. We recognize that our clients’ lives are already complicated. We do our best to ensure that the litigation happens in the background of our clients’ lives, so they can focus on moving forward.

We know that many patients injured by medical error or medical negligence will require extensive medical and personal care for the rest of their lives, and may also need home modifications and medical equipment (among other things). In the aftermath of such an incident, the injured patient or the parents and family of that injured patient face a new and daunting reality that they have usually not prepared for, either emotionally or financially.

At Sommers, Roth & Elmaleh, we understand how overwhelming it may for families living with the aftermath of a medical error.  We provide compassionate, knowledgeable guidance, and sound, strategic legal advice so that our clients can begin to rebuild.

We keep open the lines of communication at all times, answering questions in a timely manner and keeping clients consistently apprised of the status of their claim and the progress made. Our goal is to make the process as stress-free for our clients as possible.

Myth #4: Pursuing a Medical Malpractice Claim Will Be a Huge Time Commitment for Me

Fact: Our Clients’ Time Commitment is Minimal. We Handle All Aspects and Costs of the Litigation for You, for As Long as it Takes.

The thought of a long period of uncertainty can be daunting to many families who are already trying to come to terms with a new reality. However, just as cost should not deter families from pursuing a medical malpractice action, the length of time it will take to reach a resolution should also not be a deterrent.

Although it can take a few years, compensation for an injury can be millions of dollars, especially for serious permanent injuries like brain damage or misdiagnosis of a serious illness. For the average Canadian who has been injured by malpractice, waiting a few years is a worthwhile time investment, especially because we take care of the litigation for you.  After we win a case, our clients are often very pleasantly surprised at how little effort or active participation was required from them. We do our job well, so that you can focus on your life.

At Sommers, Roth & Elmaleh, we are committed to giving our injured clients and their loved ones the legal assistance and general guidance that they need following medical negligence. Once we meet with a client and take on a file, we take over and handle every single element of the case, allowing that client to be able to focus on their family and their injured child. In addition to handling the legal aspects of the claim, we also handle all necessary paperwork, communication with medical professionals, and other relevant steps. With our help, families do not need to worry about what is happening with their matter- we work hard to secure financial assistance for the future of each of our clients.

Myth #5: I Feel Uncomfortable Making a Claim Against My Doctor or Hospital Personally

Fact: You Have Significant Unmet Needs and Lifelong Costs. Claims are Referred to Insurers or the CMPA

Making a claim against a defendant is the only way to recover compensation to move on with your life. Medical professionals are insured for this exact reason. Negligence lawsuits are a fact of life.

Much like automobile drivers, doctors, nurses, and hospitals have liability insurance or are subscribed to protective associations (with rare exceptions). Somewhat similar to any other type of personal injury (ie. automobile accidents) claims against physicians, Hospitals, nurses etc. are referred to their insurers or protective associations that take-over, and cover the claim.

Sommers Roth & Elmaleh are sensitive to all of this, however, the fact is that you and your family have significant costs, unmet needs, and an uncertain future because of your injury.  You require funds for therapy, home modifications, specialized equipment and income replacement.

Our clients are reassured by the fact that we would not recommend a lawsuit unless we believe that the injury was caused by negligence or should have been prevented with basic proper care.

Myth#6: My Children Suffered Trauma at Birth but I Don’t Think It’s the Nurses/ Physicians Fault

Fact: Clients are Often Surprised to Find Out That They Were Never Told That An Injury Was Caused By Negligence or Was Preventable

Generally, those who are affected by medical error do not realize that their injury was preventable, that it should be investigated further, or that they may be entitled to compensation due to the injuries they have suffered.

In many cases, after consulting with our knowledgeable and highly experienced lawyers, many of our clients eventually realize that they have a claim against a physician, another health-care provider, and/or against the hospital and want to move forward with pursuing this claim. Since the firm’s inception, the lawyers at Sommers Roth & Elmaleh have represented individuals injured by medical malpractice, and particularly children who were physically damaged or brain damages at birth due to negligence. We have the skill and capability needed to guide families through understanding their legal options.  We have represented injured clients in some of Canada’s leading medical malpractice trials. We have won awards for our clients that have been the largest in Canadian history.

As mentioned above, we would not recommend a lawsuit unless we believe that the injury was caused by substandard medical care (negligence) and should have been prevented.

Let Us Focus on Your Case, So You Can Focus on Your Family

We have been helping patients and families whose lives have been impacted by medical malpractice for more than 40 years. We have assisted clients in all parts of Ontario and from all across Canada, including Newfoundland, Quebec, Saskatchewan, Alberta, and British Columbia. Call us at 1-844-777-7372 or contact us online for a free consultation.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    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.