Medical Malpractice

Medical malpractice litigation is technical, complex, and vigorously defended. Our team of medical malpractice lawyers has extensive experience in the assessment, development, and successful litigation of plaintiffs’ cases. We have won some of Canada’s largest medical malpractice awards on behalf of our clients.

Understanding that medical malpractice cases are highly personal, we work with our clients and experts to assess and develop the case, communicating the prospects of success each step of the way.

Canada’s Trusted Medical Malpractice Law Team

We have successfully represented our clients in cases involving cardiologists, chiropractors, emergency physicians, endocrinologists, family physicians, gastroenterologists, general surgeons, gynecologists, internists, obstetricians, oncologists, orthopedic surgeons, otolaryngologists, ophthalmologists, neurologists, neurosurgeons, pediatricians, psychiatrists, radiologists, and urologists, as well as hospitals and nurses.

Issues we have handled include:

• Birth trauma and obstetrical negligence
• Misdiagnosis or delay in diagnosis (including cancer and stroke)
• Inappropriate or unindicated surgery or intervention
• Surgical negligence
• Lack of informed consent
• Inappropriate or inadequate treatment or management
• Failure to properly monitor and respond
• Medication (pharmaceutical) and prescription issues
• Medical equipment and device issues
• Wrongful death
• Hospital negligence
• Chiropractic negligence
• Optometrist negligence

Our lawyers for medical malpractice have extensive experience and knowledge in a broad range of medical and health law issues in addition to medical malpractice litigation, including complex health and health-related litigation, and other administrative and regulatory health law issues.

Representing Cases Of Birth Injury and Obstetrical Malpractice

Birth injury or birth trauma cases (also known as obstetrical malpractice) is a very specific subset of medical malpractice that involves cases where a breach of the obstetrical standard of care has resulted in injury to mother or baby.

Obstetrical malpractice injuries may occur as a result of prolonged oxygen deprivation due to delayed delivery or physical injury during the delivery process. These injuries may result in serious and permanent physical and neurological impairments to the baby, including cerebral palsy.

Our highly trained team of lawyers  have significant experience in the assessment, development, and successful litigation of obstetrical malpractice cases. We work closely with our clients and highly specialized medical experts to assess and develop the case, communicating the prospects of success each step of the way.

Contingency Fee Arrangements

We would be pleased to provide a free initial consultation by a member of our medical negligence team.

Medical negligence actions are complex (involving complicated issues of both medicine and law), lengthy, hard fought, and require expert opinion evidence. Accordingly, an initial financial retainer may be required in addition to a contingency fee agreement.

Our medical negligence contingency fee agreements are on a graduated basis (i.e. if the matter settles earlier in the process then the contingency fee charged will be less than if the matter goes all the way through to a trial and then to an appeal).  The fees for a medical negligence action at Siskinds LLP range from 25% to a maximum of 40% (if the matter proceeds through to an appeal after a trial).

The Law Society of Ontario has prepared a document explaining contingency fees, which can be accessed here.

If you need the power and expertise of a medical malpractice law firm to take on your case, talk to a Siskinds lawyer today.

Please see our FAQ article for answers to other frequently asked questions.