HomeMedical Malpractice Overview

Have you Been a Victim of Medical Malpractice?

If you or your loved one has experienced a medical error resulting in injury, you are not alone. Our specialized team of medical malpractice lawyers will guide you through every step of the legal process.

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What is Medical Malpractice?

Medical malpractice occurs when a healthcare practitioner falls below the standard of care and causes injury. We think of these as preventable injuries. Not all injuries or unintended consequences are a result of medical malpractice. It is important to speak with a lawyer and to have your medical records fully reviewed in order to determine whether medical malpractice may have occurred.

In most medical malpractice cases, the injury is permanent and often life-altering. Medical malpractice lawsuits are not designed to punish the wrongdoer. Instead, the lawsuits are focused on compensation.


How to Prove Medical Malpractice

To prove medical malpractice, the person starting the lawsuit ("the Plaintiff") must have expert evidence to establish that the healthcare practitioner ("the Defendant") breached a reasonable standard of care and that the breach caused the injury. This is called proving liability. You must also prove that you suffered resulting damages that are recognized by law.


Prove Negligence

Our law requires the use of experts in medical malpractice cases. A qualified expert is the only person who can comment on the standard of care, if it was breached, and if it caused an injury. An expert's opinion must be based on the facts of the case, including a review of the medical records.

Having the right expert is extremely important.


Substantial Impact

Medical malpractice cases can be very complex. Most medical malpractice cases involve injuries that are serious, permanent, and have had a life-changing impact on the victim.

In Canada, claims for "pain and suffering" are capped. For practical reasons, most medical malpractice cases involve claims beyond pain and suffering. For example, these claims may include loss of income and care-related costs, which are not capped.

Cases We Do Not Deal With


Short Term Injuries

Medical errors and negligence almost always cause some pain and suffering to victims and their families. If the resulting injury is not permanent in nature, a formal lawsuit may not be the appropriate route. In these cases, you may wish to contact the relevant Regulator (for example, the College of Physicians and Surgeons of Ontario), or the Patient Relations department at the hospital, in order to voice your concerns.

Bedside Manner Complaints

Our perception about the quality of healthcare we receive as patients can be dependent on the manner in which it was delivered. If you feel that you were subject to poor bedside manner or even a rude or dismissive attitude, you should contact the Patient Relations department at the hospital in order to voice your concerns.

Strictly Dental Cases

In most circumstances, our lawyers do not act on behalf of victims of dental malpractice.


Common Types of Negligence

Medical malpractice, or medical negligence, can happen in different ways, in different settings, and with the involvement of different people.

Medical malpractice may occur because of action (surgical error) or inaction (missed diagnosis). These problems can occur in a clinic or in a hospital. Depending on the setting, there may be involvement of a physician, a nurse, another regulated healthcare professional, or even an entire healthcare team.

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Hospital-Based Errors

Medical errors happen in hospitals everyday. Sometimes the impact of the error is minor and temporary. Other times, serious injuries may occur. When this happens, it can be overwhelming to try and figure out what happened and who was involved.

At Neinstein, our specialized lawyers complete a comprehensive review of the medical records in order to help you answer these difficult questions.

Malpractice In Other Settings

Medical malpractice can occur anywhere. Our lawyers have experience dealing with a range of cases, whether they relate to a one-time visit to a medical clinic or care provided by midwives.


We Are Here to Help

At Neinstein Medical Malpractice Lawyers, our team is connected by our enduring commitment to our clients and their families. With many years of experience, we have developed a unique understanding of the challenges faced by our clients. With our knowledge and experience within the broader medical-legal community, we are well positioned to offer our steadfast support to our clients and their loved ones.

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.

When you retain Neinstein's lawyers for medical malpractice, you will never pay upfront or hourly charges. A contingency-based fee agreement, discussed in advance of retainer, removes the added pressure of ongoing legal fees, which can be detrimental to communication and to recovery. We believe that our experience with malpractice litigation will work for you; if your case does not reward you with a financial settlement, you do not pay legal fees.



When medical mistakes happen, lives and livelihoods are often at risk. As medical malpractice lawyers, 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. 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.


Neinstein medical malpractice lawyers will go to bat for you and your case, advocating for your interests and those of your family. You can expect that the claim will be vigorously defended. At Neinstein, we can determine for you if you have a viable claim and how to proceed, and our esteemed associated medical experts can provide the added support of informed opinions on the medicine-related aspects of your case.


When you choose to retain a medical malpractice lawyer from Neinstein, you gain the peace of mind that can only come from proven methods and applicable experience. 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. Our firm is concerned about winning your case and for your well-being, and we will do whatever we can to aid in your recovery.