Neinstein’s Medical Malpractice team is a highly-specialized, focused group of lawyers ensuring your ultimate care and success.

We believe that successful representation in medical malpractice claims requires not only an intricate knowledge of medicine and law, but also a compassion and understanding that cannot be taught.

What is Medical Malpractice?

Medical malpractice law is a form of personal injury law dealing specifically with injuries acquired in a medical setting. This complex form of legal practice often involves serious, life-changing injuries that have a profound effect on victims and their families. For more than four decades, Neinstein Personal Injury Lawyers has represented gravely injured Ontarians in civil court – our dedicated Medical Malpractice Group, led by Duncan Embury, can help you access compensation for the injuries you have suffered.

When a patient enters a hospital, doctor’s office, clinic, or any other medical facility in Ontario, they are owed a certain duty of care by their attending medical professionals. When that duty of care is breached and an injury is suffered, medical malpractice may have occurred.

Our medical malpractice lawyers are experienced and capable of helping you with any of the following cases. If you have been medically neglected and do not see your type of injury below, give us a call or send us an email and we will be sure to help you in your time of need.

Obstetrical Malpractice – Birthing Injuries

Obstetrical malpractice occurs when a mother or child is injured during or directly after the pregnancy or birthing process due to the negligence or error of a medical professional. These events can have lifelong effects, including cognitive and physical delays or cerebral palsy for the child, and lasting emotional damages for the entire family.

Injuries may include:

  • Hypoxic Ischemic Encephalopathy
  • Brachial Plexus (Shoulder Dystocia)
  • Perinatal Stroke

Acquired Brain Injury

Brain injuries are perhaps the most serious variety of injury a person can suffer. Unfortunately, there are numerous instances during a medical visit where a brain injury can occur, including during surgery, during childbirth, or even as a result of misdiagnosis.

Injuries may include:

  • Ischemic Stroke
  • Hemorrhagic Stroke
  • Carotid Dissection
  • Brain Abscess
  • Pseudo-tumor Cerebri
  • Hydrocephalus
  • Carotid Stenosis

Surgical Negligence

Though surgery is risky by nature, surgery patients are still entitled to a high standard of care. Negligence or avoidable error in the operating room can have life-threatening consequences, as can errors made preoperatively or postoperatively. Survivors of surgical malpractice face challenges such as anastomotic leaks, blood vessel or organ injuries, shunt complications, and many other issues.

  • Anastomotic Leak
  • Bowel Obstruction
  • Injury to major blood vessels
  • Injury to surrounding Organs
  • Laparoscopic Surgery
  • Whipple Resection
  • Shunt complications
  • Laparoscopic Cholecystectomy
  • Colectomy
  • Anaesthesiology
  • Failure to monitor

Hospital and Nursing Error

In addition to being asked to save lives and solve complicated medical problems, doctors and nurses in Canadian hospitals often face administrative challenges like overcrowding and understaffing. Regardless of these challenges, each hospital patient has a right to a high standard of care. When a hospital or nursing error occurs resulting in an injury, the patient may be able to access compensation with the help of a medical malpractice lawyer.

Negligence may include:

  • Pre-operatively
  • Perioperatively
  • Post-operatively

Misdiagnosis and Delayed Diagnosis

Misdiagnosis and delayed diagnosis are among the most common forms of medical malpractice. Each can result in serious injuries that gravely affect a person’s ability to enjoy life. Misdiagnosis can harm a person in two primary ways: if a person is diagnosed with an illness they do not have, they may be subjected to unnecessary treatment; if a medical professional fails to promptly diagnose an illness, the patient may not receive the treatment they need.

Hernia Mesh Lawsuit

After a recall of popular hernia mesh products there have been a number of complaints from recipients. If you are one of these individuals, contact the team at Medical Malpractice Lawyers. We can assist you in receiving the compensation you deserve.


Research indicates that as many as 70,000 Canadians experience preventable medical errors each year in Canada and that as many as 23,000 die as a result. Why do only a tiny fraction of those injuries lead to successful medical malpractice claims?

Medical malpractice law in Canada is complex, expensive, and exceptionally challenging. In order for a claim to be successful, a medical malpractice lawyer must prove that the defendant owed the plaintiff a duty of care, that the defendant failed to deliver the appropriate duty of care, that the plaintiff’s injuries were reasonably foreseeable, and that the defendant’s breach of the duty of care caused the plaintiff’s injuries. This is a high standard to meet, especially in cases where the patient is undergoing a risky or complicated procedure or is already significantly ill.

Another factor discouraging medical malpractice lawsuits in Canada is the Canadian Medical Protective Association (CMPA), a not-for-profit organization that provides medical professionals with legal defence and liability protection. The CMPA is well known for engaging in “scorched earth” defence practices, wherein it leverages its multi-billion-dollar war chest to prolong medical malpractice cases. This tactic makes medical malpractice suits prohibitively expensive for personal injury law firms to litigate and discourages injured patients from pursuing compensation.

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