Medical Negligence Claims in Canada

“Our son suffered a brain injury at birth which resulted in a diagnosis of Cerebral Palsy… As a result of the incredible work of Hilik & Sommers and Roth we now have the financial resources to truly take care of our son, the way we want to! He can receive all the therapies and educational support he needs, to optimize his potential…despite his diagnosis. Our son’s financial needs will be taken care of for life, which is a relief beyond words.” – SRE Client

Cerebral palsy (“CP”) is a term coined by Dr.William Osler describing a group of permanent movement disorders leading to difficulties with speaking, eating, seeing, walking, or performing other everyday tasks caused by abnormal brain development or brain injury.

Cerebral palsy manifests itself in early childhood. Individuals with CP may also suffer from developmental delay, intellectual disability, behavioural problems, learning disabilities, poor adaptive skills, scoliosis, and often suffer from secondary syndromes such as seizure disorders. Symptoms may include poor coordination, weak or stiff muscles, and tremors or seizures.

A common misconception is that cerebral palsy is inevitable or genetic. In fact, in a very large proportion of cases, cerebral palsy is caused by a specific brain injury, often at birth. Even if treating physicians believe that a child’s CP is genetic, a thorough investigation of the pregnancy, labour and delivery may prove that the ‘genetic’ label is incorrect. If you had complications during your pregnancy, labour and delivery, or birth, and your child suffered a brain injury such as cerebral palsy, you may have legal recourse.

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

A person who has been injured due to medical error, negligence, or medical malpractice is entitled to full compensation for his or her injury.

Not only does full compensation include payment for any financial losses or expenses caused by the injury (including loss of income due to inability to work), it also includes remuneration for the purchase of any equipment, goods or services needed to cope with an injury or disability.

At Sommers Roth & Elmaleh medical malpractice is virtually all we do. Our goal is to ensure that no matter what the future may bring, you and your injured or disabled family member will always be secure and have their needs provided for. Our team of exceptional lawyers guide families affected by medical error through some of the most challenging times in their lives, and help these families obtain compensation for everything they need so that they can begin to move forward.

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.

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 50 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 50 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.

No parent expects their child to suffer a birth injury, yet Hypoxic‑Ischemic Encephalopathy (HIE) changes lives in an instant. HIE is a serious birth injury, and HIE newborns may face severe conditions such as cerebral palsy, seizures, and lifelong disabilities.

However, infant hypoxic‑ischemic encephalopathy is often preventable, which is why its occurrence leaves parents devastated by both the emotional toll and financial burden. The overwhelming need for answers and the desperate hope for healing is a pain that lingers.

But there is hope. You deserve clarity, and you deserve justice.

At Sommers Roth & Elmaleh, our experienced HIE lawyers have spent decades helping families hold hospitals and healthcare providers accountable. We fight for the compensation and support you need to help build a brighter future for your child.

Hospital error cases, including those involving errors by doctors, nurses, midwives, and any other health care providers, fall within the broader category of medical malpractice. These complex cases require representation and guidance from lawyers with many years of focused experience handling such matters. We have that experience. Call us.

Hospitals are intended to be safe places where doctors and other medical and healthcare professionals are obligated to act in the best interests of their patients. Unfortunately, mistakes do happen, and every year thousands of patients are injured or seriously affected by medical error or negligence.

Hospital error, including errors by doctors, nurses, midwives, laboratory and other technicians, as well as any other hospital workers who provided medical care, fall within the broader category of medical malpractice.

Patients, or family members of patients affected by hospital error or negligence require legal advice and guidance from personal injury lawyers who focus specifically on medical malpractice. At Sommers Roth & Elmaleh we have more than 50 years of experience representing clients affected by medical error or negligence. Our firm has set a number of pioneering legal precedents and has been at the forefront of significant advancements in medical malpractice litigation. We are regularly recognized by both the legal and medical community as being among the top medical malpractice firms in the country.

“…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

“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:

Medical misdiagnosis cases often raise complex questions of medicine and law. For that reason, it is important to work with lawyers well-versed in both fields. Relying on more than 50 years of experience successfully representing victims affected by medical misdiagnosis, we have acquired a thorough and in-depth understanding of both.

While doctors are obligated to do no harm and all medical professionals must act in the best interests of their patients, mistakes do happen. An incorrect, missed, or delayed diagnosis can have a devastating impact on the life of a patient and their family. The overwhelming financial and emotional aftermath of an injury due to medical error is compounded by the fact that medical misdiagnosis cases are very complex and can be challenging to prosecute.

Medical misdiagnosis falls within the broader category of medical malpractice, which are civil claims against the medical profession, including doctors, nurses, midwives, medical clinics, technicians, healthcare professionals, and other hospital workers who provided medical care. Patients who find themselves affected by misdiagnosis require trusted legal advice from medical malpractice lawyers with significant knowledge in this very specific area of law.

Midwifery is an essential profession in the healthcare field. It is responsible for looking after a mother and her baby throughout the entire pregnancy, labour and delivery process. In Canada, midwives count for a little over a thousand professionals, with the majority practicing in Ontario.

Often, the parents of a newborn may notice some unusual signs in the child’s behaviour or physical appearance. If these signs are not noticed immediately, certain limitations or symptoms might emerge in the child’s body. This leaves parents with doubts and few options on what to do.

In some cases, the injuries that babies suffer result from midwife negligence. This is one of the many forms of medical malpractice in which midwives either mistreat their patients, provide incorrect exams or diagnoses, or conduct a series of wrongdoings (sometimes unknowingly) during a patient’s antenatal care or labour.

This negligence results in babies and mothers alike developing personal injuries.

If you believe you have been a victim of medical malpractice, contact our lawyers at Sommers Roth & Elmaleh. Our team has extensive experience in midwifery malpractice and can assist you with your case.

“…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 … have a great deal of experience in litigating obstetrical negligence actions.”—Judge of the Superior Court of Ontario

Professional anesthesiologist doctor medical team and assistant is performing baby cesarean section and hold the baby giving birth with surgery equipment in modern hospital operation room

We consider obstetrical negligence/obstetrical malpractice to be our ‘sub-specialty’, as demonstrated by a sample of the cases we have successfully litigated countless successful cases and recovered millions of dollars at-trial for clients affected by birth injury.

Hundreds of thousands of healthy babies are born in Canada every year. Sometimes complications in pregnancy, labour and delivery can arise. In a small number of births, obstetricians (OBGYN), nurses, midwives, ultrasound technicians or other health-care professionals make errors that injure the mother and/or her baby and significantly affect their lives post-birth.In such situations, seeking guidance from a birth trauma lawyer can help families understand their legal rights and pursue compensation.

“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

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. Pediatric 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 pediatric injury 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 50 years of representing victims of medical error and their families. Our pediatric injury 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.

At Sommers Roth & Elmaleh, our lawyers are dedicated to litigating medical malpractice claims and the most serious or complex catastrophic personal injury claims.

Personal injury law, also known as tort law, covers any sort of situation in which a person is physically, mentally, psychologically, or emotionally injured, due to someone else’s negligence.

A personal injury lawsuit commences when an injured individual (the plaintiff) sues an individual (the defendant), claiming that the defendant caused the plaintiff’s injuries, and seeking financial compensation (generally in the form of monetary payments known as damages). Common personal injury cases include slip and falls, motor vehicle accidents, wrongful death, and medical malpractice claims.

Although we are a medical malpractice firm, we have significant experience litigating other personal injury cases as well. However, we restrict ourselves to take only the most complex or serious personal injury cases, typically involving children, parents of young families, or catastrophic injuries such as spinal cord injury, neurological injury and brain damage.

The health and well-being of a developing baby is critical. Unfortunately, despite pre-natal testing, medical errors or oversights can and do occur, causing harm to the unborn child. Parents of a child born with a genetic defect or abnormality due to medical negligence need to know they have grounds to bring a claim.

Expectant parents rely on doctors to monitor the well-being of their developing baby. They trust their OB-GYN and other doctors to keep them apprised about the health of their unborn child and to identify any potential risks, conditions, or abnormalities. However, medical errors or oversights by doctors, hospitals, or testing laboratories sometimes occur and such risks are not always identified.

The parents of a child who was born with a congenital (genetic) defect or disability as a result of negligence on the part of a medical professional (typically a doctor) can bring what is known as a “wrongful birth” claim. Generally, these claims involve a situation where a fetus has a disability or birth defect while still in utero, and a medical professional fails to diagnose the condition, or fails to inform the parents of any potential risks of carrying the baby to term.

Shoulder dystocia is a serious birth injury that can affect even healthy women, and result in traumatic and terrible consequences for both mother and baby. If you believe your hospital or doctor failed to take proper precautions, and you or your child are struggling with the ongoing effects of shoulder dystocia, we can help. Call us.

Brachial Plexus Injury (often referred to as Erb’s Palsy, Klumpke’s palsy, Erb-Duchenne Palsy or shoulder dystocia) is a birth injury that can result in traumatic and terrible consequences for both mother and baby. Shoulder dystocia occurs when, following the delivery of a baby’s head, the baby’s shoulders are caught and unable to pass through the birth canal, often because the baby is too large. Excessive traction or force by the obstetrician and delivery team (e.g.: pulling on the baby’s head or arm) can cause damage to the brachial plexus, the group of nerves that run from the shoulder to the spine.

The effects of shoulder dystocia may cause lasting nerve damage and brachial plexus injury, as well as Horner’s sign. The mother may experience severe vaginal tearing and/or heavy postpartum hemorrhaging (bleeding). The most severe form of brachial plexus injury is a nerve root avulsion or rupture, where the nerve is torn from the spinal cord.

Spina bifida is a birth defect that can be recognized early and should be addressed promptly; however, due to negligence, spina bifida still often goes undetected, and its presence is not always communicated. This simple negligence can lead to years of suffering, care, and medical expenses. That’s why we’re here.

Spina bifida is part of a group of neural tube birth defects where the nerves of the spinal cord protrude from the back. Types of spina bifida include myelomeningocele and Arnold-Chiari malformation.

Spina bifida can cause permanent loss of bladder or bowel control, paralysis, pain, and cognitive and attention difficulties. It also greatly increases the odds of infant mortality by exposing the nervous system to dangerous infections, such as meningitis.

Spina bifida is simple to recognize early on ultrasound and address promptly, in order to decrease its many life-long medical and other effects. If you believe your hospital, hospital staff, and/or doctors did not take the proper precautions and your child is suffering from spina bifida as a result of their error or negligence, you may have legal options available to you.