
Medical Malpractice Lawyers in Toronto
Thomson Rogers LLP is one of Canada’s largest litigation firms. For 90 years we’ve been leaders in personal injury law, family law, civil, municipal and land use litigation. We are well known for taking on the most complex and challenging medical malpractice cases and delivering results.

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Medical Malpractice Frequently Asked Questions
What is medical malpractice?
In simple terms, medical malpractice involves three things:
- A person who is a medical professional;
- That medical professional does something that a reasonable medical professional in their circumstances would not do; and
- That failure to act like a reasonable medical professional causes a patient to be injured.
What a reasonable medical professional would do depends on the circumstances. Usually, professionals will be held to the standard of professionals with similar training and experience. For example, a Court will not hold a nurse to the standard of a doctor. Further still, a Court will not hold a family doctor to the standard of a specialist.
Medical malpractice can involve a wide range of medical professionals, including nurses, respiratory therapists, and the Hospitals which employ them.
How do I find a lawyer for medical malpractice?
Thomson Rogers LLP has 90 years of experience settling and winning lawsuits.
Our medical malpractice lawyers have a wealth of experience successfully prosecuting medical malpractice trials. Most recently, in 2024 our legal team succeeded in medical malpractice lawsuit which was upheld at the Court of Appeal (Denman v. Radovanovic, 2024 ONCA 276). Reach out to us at Thomson Rogers LLP for a free consultation.
What should I do if I believe there has been medical malpractice?
If you believe you may have been the victim of medical malpractice you should speak to a lawyer as soon as possible. Medical malpractice claims can be challenging to bring as they most often involve hiring and instructing medical experts to provide opinions about the care that a patient received.
Our medical malpractice lawyers have a wealth of experience successfully prosecuting medical malpractice trials. Most recently, in 2024 our legal team succeeded in a medical malpractice lawsuit which was upheld at the Court of Appeal (Denman v. Radovanovic, 2024 ONCA 276). Reach out to us at Thomson Rogers LLP for a free consultation.
How to file a medical negligence claim in Ontario?
To file a medical negligence claim in Ontario you need to submit a document to the Court. Often, that document is called a Statement of Claim. Sometimes, a person can file a Notice of Action, which must be followed by a Statement of Claim within 30 days.
Statements of Claim and Notices of Action must contain specific and important information about your lawsuit. If they lacks important information the Court may dismiss your medical negligence claim. If you are considering starting a medical negligence Statement of Claim, reach out to us at Thomson Rogers LLP for a free consultation.
How long does a medical malpractice case take to settle in Ontario?
The time for a medical malpractice case to settle in Ontario varies. A case can settle very early on in the process, before a lawsuit is even filed with the Court. Some cases settle very late, even during a trial. Some cases do not settle at all.
Whether a case will settle early or late depends on a number of factors. How severe the injuries are, how strong the evidence is that another person was at fault, and how willing the person being sued is to negotiate are all factors that can affect how fast a case settles.
What are the steps involved in filing a medical malpractice or medical negligence case?
There are a number of steps involved in a medical malpractice/negligence case. These steps can vary depending on the type of personal injury claim.
Generally, the steps involve issuing a claim with the Court, producing relevant documents, attending examinations for discovery, and answering undertakings. Sometimes after these steps, both sides will attend a mediation to try to settle the case. If not, the case will be set down for trial and both sides will attend a pretrial conference in front of a Judge. The Judge, as part of the pretrial conference, may l try to help both sides settle the case. If the case does not settle at the pretrial conference, the case will go to trial.