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Medical Malpractice Lawyers

We trust medical practitioners with what is most precious to us: our health, our lives, and the health and lives of our loved ones. When a medical provider breaches the standard of care and causes injury or death due to medical negligence, that trust is broken.

In this event, if you believe you have been injured by medical negligence, our team of Gluckstein medical malpractice lawyers can help. Our experienced, knowledgeable, and caring medical malpractice lawyers have a solid record of assisting patients injured by medical negligence as they seek compensation for the losses they have suffered.

We handle cases involving birth trauma, brain injury, spinal cord injury, or any other adverse medical outcome that leads to pain and suffering, significant disability and/or financial losses.

With medical malpractice lawyers in Toronto, Ottawa, Niagara, Barrie, Collingwood and Midland, Gluckstein Lawyers are available to help you with your medical malpractice claim. 

How can Gluckstein medical malpractice lawyers help you?

Medical malpractice lawyers who put your recovery first.

After experiencing a life-altering injury from medical malpractice, you or your loved one may be feeling scared, angry, depressed and overwhelmed. As a medical malpractice law firm known for its years of experience and for its full-circle client-centred care, Gluckstein Medical Malpractice Lawyers can be counted on to treat you and your loved ones with the respect, kindness and empathetic understanding you deserve.

As you begin your journey of healing, trust Gluckstein Lawyers’ team of medical negligence lawyers to join you. We can help you get the compensation and damages you are owed for your pain, suffering and losses. Nothing can ever replace all that a personal medical injury takes from you; but receiving an award for damages can change your life for the better. When we can negotiate a settlement or win a court-ordered award for you, it can help bring closure to one tumultuous chapter of your life and give you what you need to ensure there are brighter times ahead.

How we prove breaches in medical standards.

Medical professionals dedicate their lives to caring for others, but even skilled doctors, nurses, and technicians can make preventable mistakes. While the healthcare system doesn’t demand perfection, it does require providers to meet accepted standards of care.

Proving a medical malpractice claim involves two critical elements:

  1. A breach of the medical standard of care (the provider failed to meet professional expectations)
  2. Direct harm caused by that breach (the mistake led to your injury or worsened condition)

Though this may sound straightforward, these cases are often complex. Medical institutions have powerful legal teams, and the burden of proof rests on you, the patient who’s already suffered. That’s where experienced medical malpractice lawyers make all the difference.

Why medical malpractice cases demand experienced legal help.

Medical malpractice claims are often complex and can be challenging to pursue. The people who have made the error (doctors, nurses or other medical professionals) are also most often responsible for creating documentation that would help you prove there was an error. For example, if you were under anesthesia during a surgical procedure, you would not be witness to any surgical errors; you will only become aware that something went wrong later. Piecing together what may have happened can be difficult when the people who made the mistake have an interest in not drawing attention to the matter. 

By choosing experienced medical malpractice lawyers with a proven track record as your advocates, you can have confidence your case will be in skillful hands. As a firm that focuses on these matters, Gluckstein Lawyers has built an extensive network of independent medical and health care experts that can be critical to building a successful case. 

In many circumstances, medical malpractice cases need to be started quickly. There is a two-year time limitation period for suing a medical practitioner or hospital. That limitation period begins from the date you knew or ought to have known of facts giving rise to a claim. For medical negligence that results in death, the two-year time limitation period runs from the date of death. The limitation period may be longer for people under disability and children under 18 years of age.

As soon as you suspect that substandard medical treatment may be the cause of your injury or poor health, you should contact a medical malpractice lawyer near you with experience in medical malpractice cases to begin discussions about how to proceed and if, and when, you should file notice of a claim.

Medical malpractice lawyers with 60+ years of proven results.

Since 1962, our firm has represented thousands of injured people, advocating for their interests, assisting with access to needed therapies, and obtaining the compensation they deserve. Led by a lawyer with more than 30 years of medical malpractice law and case experience, our medical malpractice team handles claims dealing with:

  • Birth trauma (brachial plexus injuries, paralysis, Cerebral Palsy, Erb’s palsy, meconium aspiration syndrome, Horner’s syndrome, hypoxia, seizures, shoulder dystocia, neonatal sepsis, maternal infections).
  • Hospital and medical administration errors (unsafe or unclean environments, malfunctioning diagnostic tools, inaccurate record-keeping).
  • Surgical errors (surgery on the wrong body part, wrong patient, anaesthesia errors, foreign objects left in patient, nerve damage, perforation or laceration during surgery).
  • Nursing errors (medication errors - wrong medication, wrong dose, wrong patient, wrong time to administer, wrong route for medicine; injuries from moving patients too quickly; documentation errors; failure to monitor a patient or respond in a timely manner).
  • Chiropractic errors (over aggressive manipulation, disc herniation, spinal cord injuries, nerve damage, paralysis, bone fractures, stroke).
  • Misdiagnosis and delayed diagnosis (wrongly diagnosing a condition based on negligence or unreasonably delayed diagnosis that causes harm or leads to a worsening condition).
  • Lack of informed consent (failure to properly warn of adverse side effects or of risks involved with treatment).
  • Midwife negligence (birth injuries, failure to call for medical assistance during difficult or abnormal births).

The Gluckstein medical malpractice team not only includes lawyers with the right skillset for these challenging cases, but also former medical practitioners and staff who bring an intimate knowledge of the medical system and medical malpractice law.

How our medical background informs every legal strategy.

With our extensive trial experience, excellent negotiating skills, and thorough knowledge of the medical malpractice law and medical practitioner insurance claims process, the Gluckstein medical malpractice lawyers are ready to develop and manage your case every step of the way.

Our goal is to give you confidence and peace of mind as your case moves through the system so that you can focus on what’s important to you: recovery, rehabilitation, and rebuilding your life after medical negligence.

Gluckstein Lawyers medical malpractice team combines excellence in legal representation and advocacy with the empathy and compassion you deserve during this difficult time in your life. Begin your journey to a more promising future by contacting us today.

Free consultation for medical malpractice cases with no obligation.

Your initial consultation with us is free and there is no obligation to continue. If you decide to pursue a medical malpractice claim through our lawyer firm, we will compile the pertinent details of your case, request the appropriate medical files, and begin a preliminary investigation. If we discover that your claim has merit and are reasonably sure that we can assist you in negotiating a fair settlement or winning a judgment at trial, we will agree to represent you based on a contingency fee agreement. 

That means that we don’t get paid unless you get paid by way of a settlement or court award.

Have you or a loved one suffered from medical negligence? Please call us today or fill out the form below for a free consultation.

Schedule a Free Consultation 1-866-308-7722

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Medical Malpractice FAQs.

What should you do if you suspect you have been injured or harmed due to a nursing error?
If you or a loved one has suffered harm due to a nursing error, contact Gluckstein’s top-ranked medical malpractice team. We’ll investigate your case, guide you through the process, and advocate for your compensation, keeping you informed and supported every step of the way.
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What are common examples of nursing errors?
Common nursing errors include medication mistakes, improper documentation, failure to monitor patients, obstetrical monitoring errors, and neglecting to inform the medical team when needed. These errors can lead to serious consequences, highlighting the importance of proper care and communication in healthcare settings.
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How can a lawyer help if I've been injured or harmed due to a medication error?
Our team of medical malpractice lawyers specialize in investigating injuries caused by medical mistakes as a result of medication errors. With expertise in personal injury law, they assess your case to determine if you have a claim for compensation and damages against a medical practitioner or provider.
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Who is at a higher risk of being impacted by medication errors?
Those most at risk of harm from medication safety incidents include children, the elderly, individuals on multiple medications, those with cognitive impairments, mental health conditions, or disabilities. These groups are particularly vulnerable due to their unique health needs and the complexities of their care.
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What are medication errors and what are some examples of them?
A medication error is any preventable event that leads to inappropriate medication use or patient harm. These errors can occur at various stages of the medication process, from prescribing to administration. While they often happen during administration, they can also stem from prescribing, transcribing, ordering, compounding, dispensing, distributing, or monitoring medications.
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How can a medical malpractice lawyer help if I was harmed due to lack of informed consent?
A knowledgeable and skilled personal injury lawyer with experience in lack of informed consent cases can help determine if your case is actionable. If there are grounds for a claim, our team will draw on our extensive network of medical experts to help build a strong case for compensation and damages.
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What should you do if you suspect you have been injured or harmed due to lack of informed consent?
Contact an experienced personal injury lawyer as soon as possible after you realize you may have suffered bodily harm due to lack of informed consent. An investigation should begin quickly to preserve memory and to collect medical documents for a preliminary investigation.
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Why are lack of informed consent cases sometimes challenging to pursue?
Informed consent cases require two elements 1) that the patient was not fully informed and 2) that had they been fully informed they would not have accepted the treatment. This is a difficult test to pass as most patients do accept the recommendations of their doctors.
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What are some situations where informed consent is not necessary?
In most emergency situations, a health practitioner may provide treatment without consent. A substitute decision-maker may be required to provide consent if a patient does not have the capacity to provide it. Once informed consent is obtained, a health practitioner is entitled to presume that consent to treatment includes consent to reasonable variations or changes in the treatment provided.
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What is informed consent?
When a patient is given sufficient information about a medical treatment plan to understand and accept the risks and consequences of course of action, they can give informed consent to proceed with such actions.
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How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured due to a chiropractic error?
If you believe you or a loved one was injured due to a chiropractic error, Gluckstein Personal Injury Lawyers' extensive network of medical experts can be called on to review your medical records and help determine if your chiropractor was negligent when providing patient care. If you have an actionable claim, our team can help build a case to persuade the defendant to settle fairly or pursue the matter at trial if necessary.
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What are other forms of chiropractic medical malpractice?
In addition to causing injury through improper physical manipulation, a chiropractor may cause harm to a patient by failing to diagnose a serious condition and refer the patient to a doctor, failing to prepare for chiropractic treatment by properly recording and evaluating a patient's medical history, and failing to provide the information necessary for a patient to provide informed consent to treatment.
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What are some examples of injuries caused by chiropractic errors?
When a chiropractor moves the joints beyond their normal range of motion, serious injury can occur. Strokes caused by cervical (carotid or vertebral) arterial dissection are the most common, and most serious form of injury from chiropractic errors. Other injuries include: nerve damage (numbness or tingling sensations), vertigo, spinal stenosis, herniated discs, pinched arteries, muscle weakness, facial paralysis, incontinence from bladder and bowel paralysis, and aggravating bone diseases.
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What is chiropractic care?
Chiropractic care is used to treat certain neuromusculoskeletal conditions. Chiropractors frequently use physical manipulations on the spine and other joints to provide care for these conditions as opposed to using medicine or invasive surgical treatments. Chiropractors may also provide soft tissue therapy, cold laser therapy, ultrasound therapy, and advice and education on coping strategies for pain.
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Why is it important to receive a catastrophic designation?

Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.

A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.

Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.

Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.

Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.

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What is considered to be a catastrophic injury?

A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.

Some examples of catastrophic injuries according to SABS criteria include:

  • A severe brain injury;
  • Loss of a limb;
  • Extreme loss of vision; and
  • Paralysis, among other injuries.
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What happens if a doctor makes the wrong diagnosis?
Doctors are not held to a standard of perfection. If, based on proper standards of care, they reasonably come to a wrong diagnosis it is not considered medical malpractice. If a doctor breached the standards of care due to negligence and they wrongly diagnosis a patient and cause harm to that patient, they may be found to committed medical malpractice.
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Which type of problems occur when a diagnosis wrong or delayed?
Some medical conditions can be fully treated and cured. In other cases, symptoms of an underlying problem can be treated to improve a patient's prognosis, outcome, or quality of life. When a patient is misdiagnosed and treated for a condition they do not have or a diagnosis is missed, they lose valuable time to treat their illness and they may suffer needlessly.
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What’s the difference between a misdiagnosis and missed diagnosis?
When a doctor incorrectly diagnosed a patient with a medical condition, it is called a misdiagnosis. If the doctor does not recognize how a patient's symptoms would indicate a medical condition in a timely manner, it is called delayed diagnosis. Both misdiagnosis and missed diagnosis can be medical malpractice depending on the patient's unique circumstances.
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What are the five most common types of medical malpractice?

Medical malpractice cases usually deal with:

  1. Misdiagnosis;
  2. Surgical errors;
  3. Failure to treat a condition properly;
  4. Birth injuries; and
  5. Prescription medication errors.
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What are the time limits on filing a catastrophic injury claim?

In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.

In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.

If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.

For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.

While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.

In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.

Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.

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What benefits can I access if my injury is deemed catastrophic?

If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.

Here are some of the benefits you may be able to access:

  • Enhanced Medical Benefits.
  • Income Replacement.
  • Attendant Care Services.
  • Housekeeping and Home Maintenance Benefits.
  • Rehabilitation Services.
  • Transportation Expenses.
  • Case Management Services.
  • Home Modifications.
  • Future Care Costs.
  • Legal and Advocacy Support.

By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.

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What are some accidents that commonly lead to unexpected deaths?

Some common accidents that lead to unexpected deaths are:

  • Car accidents;
  • Motorcycle collisions;
  • Truck crashes;
  • Unsafe work environments;
  • Medical malpractice;
  • Bicycle crashes;
  • Defective product injuries.
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How long should I expect my medical malpractice case to take to resolve?

The particular circumstances behind the medical malpractice injury will often determine how long a case will take. When liability is clear and the extent of the injuries is well known and unlikely to change, sometimes settlements are reached prior to launching a claim. In many cases, however, it can take about five years to reach a settlement and an average of seven years for a court decision. Some decisions also go on to appeal. While this time frame may be disappointing, it often takes time to adequately determine the extent of injuries and build a strong case that encourages a settlement you deserve or favourable court judgment.

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Why choose a medical malpractice lawyer from Gluckstein Personal Injury Lawyers?
Our medical malpractice team has a nation-wide reputation for excellence and is frequently consulted to act in cases across Ontario and Canada. Our team includes lawyers with over three decades of experience, who are recognized as leaders in this field by their peers.

Our group has investigated and handled thousands of medical malpractice cases involving surgical error, misdiagnosis, medication errors, delayed treatment, and improper treatment. We handle every kind of medical malpractice claim that might arise from substandard medical care. In particular, we pride ourselves on our extensive experience in cases involving injury to children occurring at or around the time of birth (i.e., birth trauma cases).
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How do the medical malpractice lawyers at Gluckstein Personal Injury Law help establish negligence in a medical malpractice case?

Doctors must adhere to a medically accepted standard of care that is reasonably expected of all healthcare professionals. This prevents legal claims in cases where a physician acted reasonably to diagnose or treat an illness or injury to the best of their ability.

To prevail in a medical negligence claim, an injured or sick patient must prove that their physician’s or surgeon’s failure to meet the standard of care directly caused their medical injuries. An experienced medical malpractice lawyer at Gluckstein Lawyers can review a claim for medical malpractice with the assistance of medical experts and gather evidence of instances of actionable negligence.

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How do I know if I have a medical malpractice case with merit?

The first thing every client needs to know is whether there is merit to their case. Not all adverse medical outcomes are due to medical error or negligence. Our team of lawyers carefully and painstakingly evaluates every medical malpractice case we take on through a detailed review of the issues and records. A consultation with some of the most qualified medical experts in both Canada and the United States often follows based on what is discovered.

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What is a limitation period? How will it affect my medical malpractice action?

Generally you have two years from the date you knew or 'ought to have known' that you were injured by medical malpractice. In some cases it's very clear when an injury occurred. In other cases you may only learn about the extent of your injury or what caused it months or even years after the negligent action or inaction that caused you harm. After any poor medical outcome, it is worth contacting a medical malpractice lawyer to understand your rights and whether you should ask for a second opinion.

For children who are injured, the two year limitation period only begins after they turn 18 unless a parent or guardian signs an “Affidavit of Litigation Guardian”. The limitation does not apply to a person without the capacity to make a claim, unless they have a litigation guardian.

Finally, with the exception of minors or people without the capacity to make a claim, 15 years after the date of the medical error or act of omission no claim can be filed, even if you only became aware of the medical medical after that period.

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What is medical malpractice law?
Medical malpractice law is the area of law dealing with the negligent professional conduct of health care providers including doctors, nurses, hospitals, dentists, etc. If you, or someone you know, was injured or killed as a result of medical treatment, you may have a claim for medical malpractice.
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Awards.

  • Gluckstein Lawyers is honoured to be a Lexpert Ranked Firm 2025
    Lexpert Lexpert Ranked Law Firm - 2025 The Canadian Lexpert Directory, first published in 1997, is founded on a comprehensive peer survey process. It features profiles of leading legal practitioners across Canada, covering over 60 practice areas. 2025
  • Nine Gluckstein Lawyers Featured in 2025 Canadian Lexpert Directory
    Lexpert Lexpert-Ranked Lawyers - 2025 The Canadian Lexpert Directory highlights the top Canadian legal professionals. Inclusion in the directory is based on peer recognition within specific practice areas. We are proud to share that 9 of our lawyers have received this esteemed honour. 2025
  • Six of our exceptional lawyers at Gluckstein Lawyers have been recognized in Post City Magazines and Streets of Toronto Top Toronto Lawyers 2024 Edition
    Post City Magazine & Streets Of Toronto Toronto's Best Lawyers 2024 2024
  • Gluckstein Lawyers Named in the Inaugural 2025 Edition of Best Law Firms™ - Canada
    Best Lawyers Best Law Firms™ - Canada 2025 The Best Law Firms - Canada rankings are the result of thorough research, incorporating the feedback of almost 2,200 clients, more than 4,600 lawyers, 206 interviews with practice group and firm leaders. We are honoured to be recognized. 2024
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