Medical Malpractice Lawyers
If a doctor, nurse, surgeon, or other healthcare provider in Ontario failed to meet the accepted standard of care and you or a loved one was seriously injured as a result, Cohen Highley LLP’s Personal Injury Team can help. We represent patients and families in claims involving misdiagnosis, surgical errors, medication mistakes, birth injuries, and more.
Ontario’s Limitations Act sets strict deadlines for starting a claim, so if you suspect you have suffered a serious injury due to medical malpractice, it’s important to speak with an experienced advocate as soon as possible. Our medical malpractice lawyers will review what happened, explain your options, and advocate on your behalf throughout the process. Contact us today for a free consultation.
Medical Malpractice Services We Offer
Cohen Highley LLP represents patients and families across Ontario in medical malpractice matters, including:
-
Misdiagnosis and delayed diagnosis claims.
-
Surgical error claims including operating on the wrong site, damaging nearby organs, nerves, or blood vessels, or leaving instruments behind after a procedure.
-
Incorrect prescriptions, dosing mistakes, or dangerous drug interactions.
-
Injuries to a mother or newborn caused by mismanaged labour, delivery complications, or a delayed response to warning signs.
-
Hospital falls and inadequate patient monitoring claims.
-
Failure to obtain informed consent claims when a patient was not properly advised.
-
Claims involving doctors, nurses, and hospitals including cases where a hospital may be vicariously liable for an employee’s conduct.
Our Approach to Medical Malpractice Cases
Not every unfortunate medical outcome amounts to malpractice. To have a claim, it must generally be shown that a healthcare provider fell below the standard of care expected of a reasonable practitioner in the same circumstances, and that this negligence caused a significant injury or death. At Cohen Highley LLP, we start with a no-cost consultation to hear what happened and assess whether these two elements appear to be present.
If we move forward, our team reviews the relevant medical records, consults with appropriate medical experts, and determines which parties may be responsible. From there, we pursue the path that best serves your interests, whether that means negotiating with the healthcare provider’s insurer or preparing the file for trial. Because medical malpractice claims are complex and are typically defended vigorously, we build each case as though it may need to go the distance, keeping you informed of your options at every stage.
Why Choose Cohen Highley LLP
We hold ourselves accountable for the quality of our work on every file and for every client. At Cohen Highley LLP, we are committed to meeting the needs of our clients while acting fairly, firmly, and with integrity, and we adapt our approach to find practical, effective solutions for the situation in front of us. Because medical malpractice cases can be difficult to prosecute, we believe it matters that the lawyer handling your case has specific experience with these types of claims.
If you or a loved one has been seriously injured and you believe a healthcare provider’s negligence may be to blame, we encourage you to reach out to our team for a no-cost consultation. We’re here to listen, review what happened, and help you understand your options.
Frequently Asked Questions
What is medical malpractice?
Medical malpractice refers to professional negligence or misconduct by healthcare providers, including doctors, nurses, surgeons, therapists, pharmacists, that results in harm or injury to a patient.
What are common types of medical malpractice?
Medical malpractice can take many forms, including:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Childbirth injuries
- Failure to obtain informed consent
- Inadequate follow-up care
- And other forms of professional negligence by a healthcare provider
Does a bad medical outcome automatically mean malpractice happened?
Not necessarily. Unfortunate outcomes are a reality of medical care, even when a provider has done everything reasonably expected of them. A claim generally requires showing that the provider fell below the accepted standard of care and that this negligence caused the injury.
Do I sue the doctor or the hospital?
It depends on who was at fault. If a nurse, technician, or other hospital employee caused the injury, the hospital may be vicariously liable along with that employee. Doctors are usually independent practitioners rather than hospital employees, so they are typically sued directly. In some cases, both the doctor and the hospital may be named.
Is there a limit on how much I can recover?
Non-pecuniary damages, such as pain and suffering, are subject to a cap set by the Supreme Court of Canada, currently in the range of roughly $400,000. Other losses, such as income loss and future care costs, are assessed separately and are not subject to this cap.
When should I contact a medical malpractice lawyer?
There is a two-year limitation to sue for injuries arising from medical malpractice. If you have been seriously injured and you suspect that it is the fault of a healthcare professional, you should seek advice as soon as possible so your case can be investigated.
Featured Lawyer
John A. Nicholson
PARTNER
VIEW PROFILE >