Exact numbers are hard to come by, but research suggests that up to 70,000 people are injured each year in Canadian hospitals. A further 23,000 people are believed to die as a result of preventable injuries. As every medical malpractice lawyer knows, very few of these events produce personal injury claims. Fewer than 5,000 lawsuits were filed against Canadian doctors between 2005 and 2010, and less than 120 were resolved in the plaintiff’s favour.

Several factors contribute to the low success rate in these cases. One is the complexity of medical malpractice files, which require unique legal expertise and significant financial investment. Few law firms are equipped to handle them.

Another factor is the Canadian Medical Protective Association (CMPA), a non-profit organization that provides legal defense and liability protection for physicians in Canada. The group is well-financed and unafraid to leverage its multi-billion-dollar war chest in defence of clients. Its scorched-earth tactics make plaintiff-side medical malpractice cases untenable for most law firms.

How do you know if you have a medical malpractice case?

Potential medical malpractice clients should also understand that not every preventable medical error is considered malpractice under Canadian law. In order to initiate a successful medical malpractice claim, you must be able to prove the following:

  1. That you were owed a duty of care by the defendant medical professional,
  2. That the defendant medical professional failed to provide a reasonable standard of care,
  3. That the injuries you suffered as a result of that breach were reasonably foreseeable,
  4. That the defendant medical professional’s behaviours were the proximate cause of your injuries, and
  5. That you incurred demonstrable damages.

Despite the challenges, Neinstein Personal Injury Lawyers is proud to accept medical malpractice claims relating to obstetrical errors, surgical errors, medication errors, hospital and nursing errors, misdiagnosis and delayed diagnosis, and medical product liability. Our medical malpractice team, led by Duncan Embury, is among the most reputable and accomplished in the province.

Medical errors are a serious matter. Each year, hundreds of Canadian lives are derailed by preventable accidents that cause devastating personal injuries. If you or a member of your family has been injured in a medical setting, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation. A member of our team will review your case, assess its viability, and outline your legal options. Call today to speak with an experienced medical malpractice lawyer – our team is committed to providing knowledgeable guidance throughout the legal process.



Greg Neinstein