Medical Malpractice

What Qualifies as Medical Malpractice?

Experiencing medical malpractice can be a traumatic event that causes you to lose trust in the medical system. Medical malpractice claims are related to negligence or failure to get the patient’s consent.

Why does medical malpractice law matter?

At Sommers Roth & Elmaleh, we want to help patients understand their rights and options in medical negligence or mistreatment cases. We can help patients recover the funds that they need to cover treatment and other related costs.

The more medical malpractice cases that are won also help deter doctors, other healthcare professionals and medical facilities that are unfit to practice. We believe that all patients who suffer from a medical professional’s negligence or misjudgment have a right to receive justice.

Despite this, pursuing a medical malpractice case can be very challenging. You will need time, resources and an experienced law firm in order to be successful. The following are things you should know if you are looking to file a claim.

What is medical malpractice?

Medical malpractice occurs when a hospital, doctor or other health care professional causes injury to a patient because of a negligent act of carelessness.

What qualifies as medical malpractice under the law in Canada?

While medical malpractice claims are subject to Province-specific rules and regulations, the essential elements of a viable case remain the same in a Canadian context. A patient and provider relationship is established, and then a negligent action takes place, directly causing the damages sustained by a patient.

Canadian patients can file negligence claims for violations of medical malpractice laws for the following:

  • Obstetric or pregnancy-related failures leading to improper diagnosis or mistreatment resulting in childbirth injuries to both mother and child
  • Failure to diagnose medical ailments following a reasonable standard of care;
  • Surgical, prescription drug or diagnostic mistakes resulting in the patient risking their health and ongoing treatments because a licensed medical professional failed to provide and prescribe the proper treatment
  • Any costs or expected future costs associated with poorly performed or inadequate medical treatment by a medical professional resulting in future medical procedures, changes in quality of life or changes to employability
  • And any costs associated with managing a chronic condition, disability or preventable illness missed or left untreated in a negligible manner

How to Identify a Case of Medical Malpractice

If you have experienced an error in your care, you should not expect your doctor or health practitioner to admit their mistake. Firstly, they might not realize that they did something wrong. Secondly, if they admitted to making an inexcusable mistake, it would damage their reputation and future legal defence. This puts all of the responsibility on the patient to rely on their symptoms and intuition to recognize whether they have received full and proper treatment.

Unfortunately, you will need a lot more than intuition to successfully litigate a medical malpractice case. You will need to prove that the offending healthcare provider(s) fell under the standard of care reasonably expected in your type of treatment and that the failure of the said healthcare provider to meet that standard is the likely cause of your injury and damages.

To make these claims, you will need your complete hospital chart and related medical records, and qualified health care practitioners must review them to provide their expert opinion. If there is an expert opinion that there has been medical negligence by the health practitioner, the expert will need to file a report supporting your claim. This process will cost money, and the medical experts reviewing your records will need to be paid for their work.

Compensable Damages in a Canadian Malpractice Claim

If it is found that you have a medical malpractice case and you resolve a claim, the courts can order the at-fault party to pay for your damages related to negligence.

Here are some examples of damages that are recoverable in medical malpractice claims:

  • Wages lost and will continue to lose as a result of your injuries
  • Medical and rehabilitation expenses
  • Loss of quality of life
  • Disability and disfigurement
  • Pain and suffering

Other Difficulties When Making A Medical Malpractice Claim

Most doctors and other healthcare providers are represented by the Canadian Medical Protective Association or CMPA. This organization helps medical professionals dispute patient malpractice claims and has a very high success rate in doing so. However, with the help of a medical malpractice lawyer, a large percentage of cases are won for patients.

In addition, there are time-limits or statutes of limitations for filing medical malpractice laws violation claims in Canada that change from Province to Province. These can be difficult to navigate for those without a legal background. But with the help of an experienced lawyer, you can obtain advice about your next appropriate steps.

Consult a Medical Malpractice Lawyer in Canada Today

The expert lawyers and Sommers Roth & Elmaleh have helped Canadian patients win their medical malpractice claims for decades. We have fought and won a substantial number of serious medical litigation cases. Our seasoned and experienced medical malpractice lawyers work with top-tier medical professionals across the country.

To learn more about medical malpractice, call Sommers Roth & Elmaleh at 1-844-777-7372 or contact us here.

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.

    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.