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.

Frequently Asked Questions

A bad outcome happened — is that automatically malpractice?
No. Medicine involves inherent risks, and not every poor result is negligence. You must prove both that the care fell below the accepted standard and that this failure actually caused your injury. Establishing both requires qualified expert evidence, which is why a careful assessment is essential.
Why do malpractice cases need medical experts?
Because the standard of care and causation are medical questions. Courts require supportive opinion evidence from qualified specialists to establish that the provider was negligent and that the negligence caused the harm. We retain and fund those experts as part of building the case.
Who defends these claims?
Physicians are typically defended by the Canadian Medical Protective Association, and hospitals by institutional insurers — both well-resourced, with experienced counsel. That is why pursuing a malpractice claim requires a firm prepared to invest in expert evidence and to litigate vigorously.
How long do I have to sue for medical malpractice?
Generally two years from when you discovered, or ought to have discovered, the claim, subject to an ultimate 15-year limit, with special rules for minors. Discoverability can be complex in medical cases, so you should consult us as soon as you suspect negligence.
What will it cost to pursue my claim?
We act on a contingency-fee basis and advance the cost of the expert evidence these cases require. You pay no fee unless we achieve a recovery for you.