HomeOur LawyersDuncan Embury

 

Duncan Embury

Partner,
Head of Litigation and Medical Malpractice

Contact Duncan Embury's Team:

Danyle Thompson

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Education

Graduate of University of Windsor Law School (LLB, 1994)

 

Affiliations

  • Call to the Bar (Ontario) in 1996
  • Call to the Bar (Alberta) in 2018
  • Repeatedly recommended by the Canadian Legal Lexpert Directory
  • Named by Best Lawyers Canada, 2015 - 2023

Duncan Embury is a Best Lawyers Recognition Award recipient for 2023
Certified Specialist Award
Lexpert Ranked Award, 2024
Martindale-Hubbell Peer Rated Award, 2024

 

Bio

Duncan is a Partner and Head of Litigation at Neinstein. He is a seasoned litigator, well-known for his advocacy and ability to dissect complicated medical-legal issues.

Duncan primarily represents patients injured due to medical harm, with a particular focus on birth injury and brain injury cases across Canada. In addition to his dedicated practice in complex medical negligence work, Duncan is frequently asked by other lawyers to take on cases and to conduct trials. He also handles complex, multiparty civil litigation including claims of institutional negligence, product liability, and municipal liability. Duncan has appeared before all levels of trial and appellate courts, including the Supreme Court of Canada. His most recent courtroom accomplishments include victories in Doobay v Fu (2020 ONSC 3329), Hasan v Trillium Health (2022 ONSC 3175), and Hemmings (litigation guardian of) v Peng (2022 OJ No 2674), all involving severely brain injured plaintiffs; and a recent appeal win in Farej v Fellows (2022 ONCA 254).

He is a regular speaker and presenter in all areas of medical negligence for the Ontario Trial Lawyers Association, the Ontario Bar Association, and the Law Society of Upper Canada. Duncan has been voted by his peers as a leading expert in his field since 2014 in the Canadian Lexpert Directory® and has been named as one of Canada's Best Lawyers® since 2015. Additionally, Duncan has also been certified as a specialist in civil litigation by the Law Society of Upper Canada.

In addition to his busy practice in the Province of Ontario, Duncan is a member of the Alberta Law Society.

 

Member Of

  • The Advocates Society
  • Canadian Bar Association
  • Ontario Trial Lawyers Association (OTLA)
  • Pro Bono Law Ontario at SickKids
  • Alberta Law Society
Duncan Embury, Lead Medical Malpractice Lawyer

Contact

Duncan Embury's Team

 

 

Danyle Thompson

Book Free Consultation  Duncan Embury recognized by Best Lawyers, 2023

 

Neinstein Medical Malpractice Team


Our Legal Team 

We are an award-winning team of medical malpractice lawyers who focus on serving victims of medical malpractice and trying their most complex cases. Our lawyers are here to listen and are prepared to act on your behalf as we work to achieve the best possible outcome.

At Neinstein, our team is connected by our enduring commitment to our clients and their families. Through our specialized experience, we understand the challenges you may face and offer our steadfast support.

 
50
Years
$100M+
In Compensation*
16
Lawyers

 

What You Can Expect

Experienced Legal Team

When medical mistakes happen, lives and livelihoods are often at risk. As lawyers for medical negligence, and as people who care about the well-being of our valued clients, we understand what this means to you and your family, and advocate wholeheartedly for a just and advantageous malpractice settlement. While some clinical negligence claims may be resolved outside of the court system through mediation, it is important to recognize that your medical malpractice lawyer at Neinstein is also prepared to stand by you and advance your case should it go to trial.

Our medical malpractice lawyers have developed proven strategies which can strengthen your case and protect your rights to financial security and restitution, while providing you the opportunity to focus on your road to recovery.

The excellent services we provide have led our lawyers to be repeatedly recommended by past clients and Lexpert, Canada's leading source of law business news, in the practice area of personal injury law including medical malpractice.

Experienced in Medical Negligence Cases

Not all law firms can offer in-depth knowledge and insight vital for a successful medical malpractice claim. At Neinstein, a medical malpractice lawyer who has been specifically trained and practiced in cases like yours will be a powerful ally.

When you choose to retain a medical malpractice lawyer at Neinstein, you gain the peace of mind that can only come from proven methods and pertinent experience. Our team has assisted with countless clinical negligence claims over the years, including cases related to birthing injuries, acquired and hypoxic brain injuries including stroke, tPA administration and atrial fibrillation, surgical negligence, sepsis and cardiac arrest, defective hernia mesh, cancers of the breast, colon, lung and prostate, and instances of failure to monitor as well as errors in nursing and medication.

Prompt and accurate diagnosis and treatment can mean the difference between good health and undue hardship, or even life and death. If you or a loved one has been misdiagnosed or have been subject to a delayed diagnosis, your well-being or the welfare of a family member may be at stake.

Our team at Neinstein can help you determine if your case qualifies for a medical malpractice claim and can assist you by providing the means for remuneration and the possibility of a smoother recovery.

As lawyers in the field of personal injury with a focus on medical malpractice, our lawyers at Neinstein can effectively represent you in the event of clinical error.

Driven to Support You

At Neinstein, our team is connected by our enduring commitment to our clients and their families. Through our specialized experience, we understand the challenges you may face and offer our steadfast support. We encourage our clients to call us with any questions and concerns they may have, and we provide access to crucial healthcare as well as resources to protect dependent families.

A case is as unique as the individual, and we recognize that the legal process can at times be a long and difficult emotional journey. We are here to help you on the road ahead. Listen to the testimonials given by our past clients who have experienced our award winning service.

 
 
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N.V. & K.H Medical Malpractice Lawyer Testimonial from N.V. and K.H.
"We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.

Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he was very personable.

Throughout the four-year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first. One of the most important attributes that Duncan possesses outside of his legal skills is his ability to understand our family dynamics and keep us informed at every step of the way.

This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.

In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It's great to know that we now have the ability to take care of our daughter and her future needs.

I would recommend Duncan without even a moment's hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft and truly cares about the families he represents."
 
C.R. Medical Malpractice Lawyer Testimonial from C.R.
"In 2010, I met Duncan for the first time with my wife. He explained to me that he had reviewed all the information I had sent to his firm and he said he couldn't believe what he was reading. With that he looked at me and said he would like to help me, because there is a good cause for legal action. So he took the case and things started moving along. The ordeal took many years but we eventually closed the case.

During that period, I spent a lot of time with Daniela and a lot of time with Duncan. They came to my home many times to go over things with me and my wife; they took care of the whole legal process for me.

I feel that after 5 years we have more than a professional connection; we developed a strong friendship. I feel more than just a client; I feel like they care about me, my family and my welfare. The way he talks about his clients is very endearing. He is a very compassionate man and he remembers all details about his clients which is very reassuring. You couldn't ask for two people to represent you better than what they did. They just don't exist. Over all those months, that I went through the discovery, pre-trial and trial other lawyers would come up to me and say "You are a fortunate man, Duncan is one of the best lawyers you are ever going to get" and that wasn't just one time, it was several times that other lawyers came up and told me that. I always felt very confident in working with Duncan. He changed my life for the better and for that I am so grateful."
 
Farima M. Medical Malpractice Lawyer Testimonial from Farima M.
"I have never seen a lawyer like her, that she cares about the client, understand me and my problem listening to me explaining as much as I need, answered all my questions and I'm lucky to have her help me. Thank you so much for your help and hard work."
 
Bela P. Medical Malpractice Lawyer Testimonial from Bela P.
"To those who are experiencing any injustice or insurmountable degrees of stress over an injury or the loss of a family member due to unexplained issues, you need not look any further. The Neinstein team are there for you and to relieve your pain. I'm very pleased to have met Duncan and Erik, who took on our case re the loss of our mother. I assure you that you're case will be well taken care of. Thank you Erik and Neinstein."
 
Anna S. Medical Malpractice Lawyer Testimonial from Anna S.
"Duncan Embury and Sonia Nijjar at Neinstien helped us through one of the most difficult and vulnerable times of our lives. We were impressed with their professionalism and responsiveness to our needs as well as their compassion for our situation. They earned our trust with their hard work and I would not hesitate to recommend them to others."
 
Rathini S. Medical Malpractice Lawyer Testimonial from Rathini S.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
Rathini S. Medical Malpractice Lawyer Testimonial from David R.
"We went through a difficult time due to medical negligence at a Toronto hospital. We approached several law firms with no success. They were simply not interested in taking up our case. When we called Duncan at Neinstein LLP, he immediately made an appointment to come and see us. The meeting with Duncan gave us strength and hope to pursue justice. We immediately felt that we were not alone. Duncan, Sonia and the team were everything that we wished for and beyond. They were very professional, punctual, and compassionate. We thank them wholeheartedly and wish them all the best."
 
J.R. Medical Malpractice Lawyer Testimonial from J.R.
"Duncan and Sonia met my family at a time where we were dealing with very difficult circumstances and couldn't see the light at the end of the tunnel. They took on our complex case and fought for us tooth and nail until they sought justice for us! We are so incredibly grateful for their perseverance and grace. We couldn't have gotten through it without them. Thank you."
 
D.D. Medical Malpractice Lawyer Testimonial from D.D.
"5 Stars !!!!! We both feel grateful to Neinstein and its lawyers for accepting us as clients. Daniela Pacheco patiently explained to us processes and next steps. Her guidance provided comfort. She always fought for us and never gave up. We were represented with compassion and our cause was pursued with determination and commitment."