When you or a loved one suffers a serious injury because of a medical error, the path to justice can feel overwhelming. Medical malpractice cases are often complex, emotionally charged, and fiercely defended. At Bogoroch & Associates LLP, our experienced medical malpractice lawyers in Toronto are dedicated to patient advocacy and guiding individuals and families through every stage of the legal process. If you are searching for a trusted medical negligence lawyer, our team is prepared to help you understand your rights and pursue accountability.
We understand the devastating physical, emotional, and financial consequences of medical negligence. With a strong local presence in Toronto and a province-wide reach, we provide personalized legal representation to clients across Ontario, helping victims of medical malpractice pursue accountability and the compensation they deserve.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or medical institution deviates from the accepted standard of care, resulting in injury, deterioration, or death. This actionable negligence may include errors in diagnosis, treatment, surgery, medication administration, or a failure to obtain informed consent. When such breaches cause avoidable harm, affected patients and their families may have grounds for a medical malpractice claim, often requiring the assistance of a qualified medical negligence lawyer to assess and advance the case.
Bogoroch & Associates LLP has earned a pre-eminent reputation for strategic and compassionate handling of complex medical negligence claims. Our approach combines decades of legal experience with privileged access to leading forensic and medical experts, allowing us to thoroughly investigate claims and present compelling, evidence-driven cases on behalf of our clients.
Types of Medical Malpractice Cases We Handle
Our Toronto medical malpractice lawyers have extensive experience representing victims in a broad range of medical negligence cases, including:
- Misdiagnosis – Incorrect identification of a medical condition leading to improper or delayed treatment.
- Delayed Diagnosis – Failure to diagnose a condition in time, allowing it to worsen unnecessarily.
- Brain Injuries – Preventable brain damage caused by medical errors, oxygen deprivation, or surgical complications.
- Labour and Childbirth Injuries, including Brachial Plexus Injuries and Cerebral Palsy – Birth injuries caused by negligent obstetrical care during pregnancy, labour, or delivery. These cases are handled by specialized birth injury lawyers in Toronto.
- Emergency Room Negligence – Errors in triage, diagnosis, or treatment in emergency settings.
- Preventable Amputations – Loss of limbs that could have been avoided with timely and appropriate care.
- Delayed Treatment of Infections – Failure to promptly diagnose and treat infections, leading to sepsis or other serious complications.
- Incorrect Treatment and Failure to Treat – Providing inappropriate care or failing to provide necessary treatment.
- Overtreatment – Unnecessary procedures or medications that cause harm.
- Overprescribed Pain Medication: Excessive or inappropriate prescribing of pain medications that leads to dependency, overdose, or serious health complications due to a failure to meet accepted medical standards.
- Surgical and Anesthesia Errors – Including wrong-site surgery, anesthesia dosage errors, and intraoperative negligence.
- Prescription Drug Errors – Mistakes in prescribing, dispensing, or administering medications.
- Pediatric Medical Malpractice – Medical errors affecting children, often with lifelong consequences.
- Hospital and Nursing Home Falls – Preventable falls due to inadequate supervision or care.
- Nursing Home Negligence – Substandard care resulting in injury or deterioration.
- Equipment Errors – Injuries caused by defective or improperly used medical devices.
- Breach of Informed Consent – Failure to adequately inform patients of treatment risks.
- Cancer Misdiagnosis – Missed or delayed cancer diagnoses that postpone critical treatment.
- Orthopedic Surgical Negligence – Errors involving bone, joint, or spine surgeries.
- Long-Term Disability Claims arising from medical negligence.
- Wrongful Death Due to Medical Negligence – Fatal outcomes resulting from preventable medical errors.
- Other Medical Errors resulting in patient harm.
Do you have questions about Medical Malpractice? Download our Medical Malpractice Brochure and then contact us today
Testimonial
Our son was born with some injuries to his right arm and hand […]Heidi and Richard were there for us all the way, we were very satisfied with everything that they did… for Darris, for our case, for us, always there for us no matter what, very accommodating and we were just completely satisfied overall. They made a world of difference in our son’s life.[…]
Being that we have a child with a disability it is a lot and it’s a challenge, and we were always worried about down the road, his future, possibly when we are not around. They really helped us out so we don’t have that worry anymore. Like we know he is going to be okay.
Steven and Brenda Brewster, Toronto
What Compensation Can You Receive in a Medical Malpractice Case?
Victims of medical malpractice in Ontario may be entitled to compensation that reflects the full scope of their losses, including:
- General Damages (Non-Pecuniary) – Pain, suffering, emotional distress, and loss of enjoyment of life (subject to the legal cap).
- Loss of Income and Earning Capacity – Past and future income loss, loss of competitive advantage in the labour market, lost pensions, and employment benefits.
- Cost of Future Care (CFC) – Funding for projected medical treatment, therapy, medications, and long-term care needs.
- Special Damages – Reimbursement for past medical and related out-of-pocket expenses.
- Rehabilitation and Assistive Technology – Medical equipment, mobility aids, prosthetics, and therapy services, such as occupational and physical therapy.
- Home and Vehicle Modifications and Attendant Care – Accessibility renovations to home or vehicle to ensure accessibility.
- Attendant Care – Retention of professional or non-professional care providers for activities of daily living.
- Loss of Housekeeping and Home Maintenance Capacity – Compensation for the inability to perform routine domestic tasks, and the hiring of third-party services.
- Family Law Act Claims – Compensation for family members for loss of care, guidance, and companionship.
- Funeral and Burial Expenses – In cases resulting in a fatality, compensation for the reasonable and necessary costs associated with the funeral, burial, or memorial service.
In complex cases such as preventable birth trauma resulting in cerebral palsy, our firm has secured substantial compensation packages carefully structured to cover lifetime care needs—ensuring families have access to specialized medical support, therapeutic interventions, and essential resources for the highest possible quality of life.
Why Choose Bogoroch & Associates LLP for Medical Malpractice Cases in Toronto?
When you need a medical malpractice lawyer in Toronto, Bogoroch & Associates LLP offers unmatched advantages:
- 30+ Years of Experience: Decades of proven success in medical negligence litigation.
- Proven Track Record in Complex Medical Negligence Litigation: We have successfully represented clients in highly technical and challenging cases.
- Access to Leading Medical Experts: Our extensive network includes top medical professionals who provide critical expert testimony.
- In-Depth Knowledge of Ontario Healthcare Laws: We have comprehensive knowledge of the legal framework governing medical malpractice in Ontario.
- Contingency Fee Model (No Fees Unless Recovery): No fees unless we recover compensation.
- Toronto-Based Firm Serving All Ontario Residents: Local presence with province-wide reach.
- Compassionate, Client-Focused Approach: We treat every client with empathy and respect.
- Award-Winning Litigation Team: Our medical malpractice lawyers are recognized for excellence in personal injury and medical malpractice law. Recognized by 'The Best Lawyers in Canada' for Medical Negligence.
The Medical Malpractice and Medical Negligence Claims Process in Ontario
Understanding how a medical malpractice claim unfolds can help reduce uncertainty and ease some of the stress involved in pursuing legal action. While every case is unique, most medical negligence claims in Ontario follow these key stages:
- Initial Consultation and Case Review
We meet with you to discuss the circumstances of your injury, review your medical history, answer your questions, and determine whether you have a viable medical malpractice claim. - Medical Records Collection and Review
Our team gathers and carefully reviews all relevant medical records and documentation to understand the timeline of care provided and identify potential errors or omissions. - Expert Medical Opinions
We consult with qualified, independent medical experts who assess whether the applicable standard of care was breached and whether that breach caused your injury. - Filing a Statement of Claim
If the evidence supports your case, we prepare and file a Statement of Claim with the court to formally commence your medical malpractice lawsuit. - Discovery Process
Both sides exchange relevant information and conduct examinations under oath, allowing each party to fully understand the evidence, legal positions, and issues in dispute. - Mediation and Settlement Negotiations
Many medical malpractice cases resolve through mediation or settlement discussions, where we negotiate with the defendants to seek fair compensation without the need for trial. - Trial (If Necessary)
If a reasonable settlement cannot be reached, we are fully prepared to present your case before a judge or jury and advocate aggressively on your behalf. - Settlement and Compensation
Whether your case resolves through settlement or trial, we work diligently to secure the maximum compensation available and ensure it is properly distributed.
FAQs
How do you prove medical malpractice in Canada?
Proving medical malpractice requires establishing three key elements: 1) A duty of care existed (which is true for all healthcare providers); 2) The healthcare provider breached the standard of care; and 3) The breach directly caused the patient's injury (causation). This is primarily achieved through the testimony of qualified, independent medical experts.
How many years do you have to sue for medical malpractice in Canada?
In Ontario, the Limitations Act generally sets a two-year limitation period from the date the injury was discovered or ought to have been discovered, with important exceptions for minors. However, medical malpractice cases are complex, and it is critical to consult with a lawyer immediately to ensure your claim is filed within the required time limits.
Are medical malpractice cases hard to win?
Medical malpractice lawsuits are among the most challenging and resource-intensive cases in Canadian law. They require substantial evidence, including expert medical testimony, and defendants are vigorously represented. While difficult, successful outcomes can be achieved with the right legal team and resources, as shown by our firm's track record.
What are the chances that my case will go to trial?
Most medical malpractice cases in Ontario are resolved through negotiation or mediation before reaching trial. While we prepare every case as if it will go to trial, only a small percentage ultimately require a judge or jury verdict.
How do I sue for medical malpractice in Canada?
The process begins by retaining an experienced law firm like Bogoroch & Associates LLP. We will conduct a thorough investigation, secure expert opinions, and then file a Statement of Claim to formally commence the lawsuit.
What happens after I file the Statement of Claim?
Once the initial claim is filed, the defendant, whether an individual healthcare provider or a medical institution, must respond by serving and filing a formal Statement of Defence. Subsequently, the litigation transitions into the critical discovery phase, a process that requires exchanging evidence and conducting oral examinations.
What are examples of medical malpractice cases you handle?
We handle a wide array of cases, including misdiagnosis of cancer, surgical errors, birth injuries (like cerebral palsy), delayed treatment of infections, and wrongful death due to medical negligence. See the detailed list above for a full scope of our expertise.
How do I know if I have a valid medical negligence case?
A valid case exists if a medical professional's negligent act or omission caused you harm. The only way to know for sure is to have your case reviewed by a specialized medical malpractice lawyer who can assess the evidence and consult with medical experts.
Can Bogoroch & Associates LLP help clients outside Toronto?
Yes. While our office is in Toronto, we proudly serve clients who have suffered medical negligence across Ontario, travelling to meet with clients and litigating cases in courts throughout the province.
What evidence is needed to prove medical malpractice?
The primary evidence relies on comprehensive medical records, detailed expert reports from qualified medical specialists (typically requiring separate experts to address the breach of the standard of care and to establish causation and damages), as well as sworn testimony from the injured patient and relevant witnesses.
Speak to an Experienced Medical Malpractice Lawyer Right Away
If you or a loved one has suffered due to medical negligence, time is critical. Contact Bogoroch & Associates LLP today for a free, confidential consultation with an experienced medical malpractice lawyer in Toronto.
Serving Clients Across Ontario
We proudly represent families throughout Ontario, including Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, North Bay, and beyond.
We work on a contingency fee basis, meaning you pay no legal fees unless we recover compensation for you. Call us at 416-599-1700 or visit our website to schedule your free consultation.
Telephone No.4165991700
