When medical care fails, experience matters.

A medical malpractice case in Ontario requires three things. First, that a healthcare provider failed to meet the standard of care: what a reasonably competent practitioner would have done in the same circumstances. Second, that this failure caused or materially contributed to your injury. Third, that the injury produced compensable damages.

Not every bad outcome is malpractice. Some complications are foreseeable risks of even careful treatment. But many bad outcomes are caused by preventable failures, and the only way to know which category your situation falls into is to have it reviewed. Paul reviews every potential case personally and tells you honestly whether it warrants further investigation.

Paul takes medical malpractice cases on a contingency fee basis. That means you pay no legal fees unless and until you recover compensation through a settlement or judgment. The contingency fee is set as a percentage of the recovery and is explained in writing before any work begins.

Disbursements (the substantial out-of-pocket costs of expert reports, medical records, and court fees) are typically advanced by the firm and recovered from the eventual recovery. There is no fee for an initial consultation, and no obligation to proceed after one.

Ontario's Limitations Act, 2002 generally requires civil claims to be commenced within two years of when you discovered, or reasonably should have discovered, the injury and its likely cause. The limitation period is critical. If you miss it, the claim is generally barred regardless of its merit.

There are important exceptions. The limitation period for a minor child's own claim is generally suspended until they turn 18. Discoverability rules can also extend the start of the clock if the injury or its cause was not reasonably knowable at the time. Even when the formal clock has not started running, earlier review is always better. Records can be lost. Witnesses move on. Evidence degrades. The first months after an injury are when the case is at its strongest.

Most medical malpractice cases take three to five years from start to resolution. Complex cases, particularly birth injury and hypoxic-ischemic encephalopathy claims, can take longer. The timeline reflects the depth of investigation required: obtaining records, retaining expert witnesses, exchanging evidence with the defence, conducting examinations for discovery, and either negotiating settlement or preparing for trial.

Paul will give you realistic expectations at the outset and keep you informed throughout. Cases that resolve quickly usually do so because the evidence is overwhelming. Cases that take longer usually do so because they are being properly built.

The standard of care is the level of skill and care that a reasonably competent practitioner in the same specialty would have provided in the same circumstances. It is not a standard of perfection. A doctor can make a difficult judgment call, even one that turns out poorly, without falling below the standard of care.

What the standard required, and whether it was met, is established through expert evidence from peers in the same field. The defence will produce its own experts, often disagreeing. Resolving those disagreements is what trial advocacy is for.

Most medical malpractice cases resolve before trial through settlement. But the credible threat of trial is what produces meaningful settlements. A lawyer who is unwilling to take a case to verdict often gets weak settlement offers. Paul prepares every case as if it will be tried, which is a meaningful part of why his cases settle on terms his clients are satisfied with.

You should be prepared for the possibility of testifying at trial. Most clients who go through the process find it less daunting than expected once they understand what to expect. Paul prepares clients carefully, well in advance, so the courtroom is never an unfamiliar room.

Damages in Ontario medical malpractice claims can include past and future medical expenses, the cost of attendant care and rehabilitation, loss of past and future income, loss of earning capacity, the cost of home and vehicle modifications, future care needs, and pain and suffering (subject to a cap set by Canadian common law, currently around $400,000).

Family members can also bring claims under the Family Law Act for loss of guidance, care, and companionship, and for the value of services they provide to the injured person. In catastrophic cases, particularly those involving lifelong care needs, total damages can exceed several million dollars.

Three reasons. First, the legal standard is higher and the proof of causation is more technical, often requiring multiple specialist experts to establish what reasonable care looked like and what its absence cost the patient. Second, defendants are vigorously defended by well-resourced organizations: doctors by the Canadian Medical Protective Association (CMPA), and hospitals by the Healthcare Insurance Reciprocal of Canada (HIROC). Both have substantial resources and a long-standing practice of defending strong cases at trial.

Third, settlement offers are not freely given. Many lawyers decline these cases because of the cost and complexity. Paul takes them because they are the cases most worth taking.