Medical Malpractice
A poor outcome is not automatically negligence, and these cases need expert medical evidence to go anywhere. We assess whether there is a claim and pursue it if there is.
You trusted a doctor, nurse, hospital, or clinic to take care of you or someone you love, and something went badly wrong: a missed diagnosis, a surgical error, a medication mistake, or a birth injury.
Medical malpractice claims are among the most demanding cases in personal injury law. Doctors in Ontario are defended by a well-funded national organization that contests most claims, and every case depends on expert medical evidence.
At Kabir & Alam, we take on medical negligence claims where the evidence supports them and we are candid with you when it does not.
What has to be proven
A bad outcome is not, by itself, malpractice. Medicine involves risk, and some complications happen even with excellent care. To succeed, a claim must show three things:
- A breach of the standard of care. The health professional did something a reasonably competent practitioner in the same field would not have done, or failed to do something they would have done.
- Causation. The breach caused the injury. If the outcome would have been the same with proper care, there is no claim, however serious the harm.
- Damages. The injury produced real losses: pain and suffering, lost income, future care costs, and, in the worst cases, a death that supports a claim by family members.
Each element must be supported by an independent medical expert in the relevant specialty. Finding and instructing the right experts is a large part of what we do.
Common claims
- Delayed or missed diagnosis, including cancer and stroke
- Surgical and anaesthetic errors
- Birth injuries to mother or child
- Medication and prescription errors
- Emergency room and hospital discharge errors
- Failure to obtain informed consent
Time limits
In general, a claim must be started within two years of the date you knew, or reasonably should have known, that you were injured by negligent care. That discovery date is often argued about, and a longer ultimate limit also applies. Because obtaining records and expert opinions takes time, it is important to contact a lawyer well before the two years run.
What to expect
Medical malpractice litigation is slow and expensive to run. We obtain the complete medical chart, have it reviewed by an expert, and give you a frank assessment before a lawsuit is started. Cases that proceed can take years, and we will tell you that at the outset rather than after.
How we can help
If you believe you or a family member were harmed by negligent medical care, we can help you:
- Obtain and review the complete medical records
- Retain independent experts to assess the standard of care and causation
- Advise you candidly on whether a claim is worth pursuing
- Start the lawsuit within the limitation period
- Pursue the claim through discovery, mediation, and trial
You pay no legal fees unless we recover money for you. Our maximum contingency fee percentage is 33% of the amount recovered; the exact percentage and how it is calculated are set out in the Law Society of Ontario standard form contingency fee agreement, which we review with you before you sign anything. Our personal injury practice is led by Muniza Kabir, Managing Partner.
Concerned about the care you received? Contact us for a free consultation.
The information on this page is general in nature and is not legal advice. Limitation periods and notice requirements apply to injury claims and can be short. For advice about your own situation, please contact us to arrange a consultation.