Two Things You Must Prove
A bad medical outcome is not, by itself, malpractice. Medicine carries inherent risk, and not every complication results from negligence. To succeed in a medical-malpractice claim in Ontario, you must prove two distinct things:
- Breach of the standard of care — that the provider's conduct fell below what a reasonably competent practitioner in the same field would have done in the circumstances; and
- Causation — that this breach actually caused the injury, rather than the underlying condition or an unavoidable complication.
Causation is frequently the hardest part of a malpractice case. A provider may have made an error, but the defence will argue the outcome would have been the same regardless. Overcoming this requires careful, expert-driven analysis — which is the heart of what we do.
Why These Cases Require Experts and Resources
You cannot prove malpractice without supportive opinion evidence from qualified medical experts in the relevant specialty. These experts are expensive, and malpractice defendants are typically backed by the Canadian Medical Protective Association (CMPA) or institutional insurers with substantial resources and experienced counsel. A credible malpractice claim therefore demands a firm willing to invest in expert evidence and to litigate against well-funded opponents.
Common Malpractice Claims
We investigate claims involving surgical errors and retained instruments, misdiagnosis or delayed diagnosis (including cancer), medication and anesthesia errors, birth injuries to mother or child, failure to obtain informed consent, and negligent post-operative care.
Informed Consent
Patients have the right to be told the material risks of a proposed treatment so they can make an informed decision. Where a provider fails to disclose a material risk, and a reasonable patient in your position would have declined or chosen differently had they known, a separate claim in informed consent may arise.
Strict and Complex Limitation Rules
The general limitation period is two years from when you knew or ought to have known of the claim, with an ultimate 15-year limit under the Limitations Act, 2002. Discoverability in medical cases can be complicated — harm is sometimes not connected to negligence until much later — and special rules apply to minors. Because the analysis is delicate, you should seek advice as soon as you suspect something went wrong.
Compensation in Malpractice Cases
Recoverable damages can include pain and suffering; past and future income loss; the full cost of future medical care, rehabilitation, and attendant care; out-of-pocket expenses; and, in fatal cases, Family Law Act claims for the surviving family. Catastrophic outcomes — such as a brain-injured newborn — can involve substantial lifetime care costs.