The FAQ category collects answers to the questions prospective clients and members of the public most often ask about medical malpractice litigation in Ontario. Each post addresses a single recurring question with a substantive answer, written for non-lawyers and aimed at translating the legal framework into plain language without sacrificing accuracy.
Common themes across the FAQ posts include how to recognize whether a claim may exist, what evidence is required to prove medical malpractice, how long claims take to resolve, what compensation can be recovered, how legal fees and disbursements work, how Ontario’s limitation periods apply, what the role of the Canadian Medical Protective Association is on the defence side, and how the regulatory complaint process at the College of Physicians and Surgeons of Ontario interacts with civil litigation. The posts are designed to give prospective claimants enough information to take informed next steps, including whether and when to consult a lawyer.
The FAQ posts are not legal advice. They are starting points. Anyone considering a claim should consult a lawyer who practices in this area for advice on their specific circumstances. Medical malpractice cases turn heavily on the particular facts, and general information cannot replace a specific case assessment.
Some of the most common beliefs about medical malpractice in Ontario are simply wrong, and they cut both ways: pushing some people toward hopeless claims and others away from good ones. Here are the misunderstandings I see most often, set against how the law actually works, from what counts as negligence to limitation periods, College complaints, causation, and the cap on damages.
A practical guide to filing complaints about medical care in Ontario, from hospital patient relations and the Patient Ombudsman to the regulatory colleges and the Office of the Chief Coroner.
Yes, you can sue for medical malpractice in Ontario. The harder question is whether you should. After two decades of these cases, the candid advice for many prospective clients is to think very carefully before going forward, and in some cases, not to go forward at all.
Most medical malpractice consultations in Ontario don’t result in lawsuits. An honest look at the four barriers that shape case evaluation in this province.
A practical guide to making a complaint about hospital care in Ontario, including the legislative framework, the disclosure rights you have, and how to get a substantive response.
A practical guide to choosing a medical malpractice lawyer in Ontario. Specialization, trial experience, clinical depth, credentials, and honest case screening.
A guide for Ontario families on requesting a coroner’s investigation when medical negligence is suspected, what an investigation involves, and how it is used.
Yes, but the harder question is whether your situation supports a viable claim. An honest threshold assessment for Ontario patients considering legal action.
A practical guide to obtaining your medical records in Ontario under PHIPA, including what to ask for, how to find every custodian, and what to expect.
The College of Physicians and Surgeons of Ontario (“CPSO”) regulates the practice of medicine in Ontario. Physicians are required to be members of the CPSO to practice medicine. The role of the CPSO, its authority and powers are set out in the Regulated Health Professions Act (“RHPA”), the Health Professions Procedural Code under the RHPA and the Medicine Act.
Free, confidential consultations. Paul reviews every potential case personally and tells you honestly whether it merits investigation.