Representing victims of medical malpractice across Ontario
Medical malpractice cases are complex, time-consuming, and emotionally difficult. Many people contact a lawyer because something went terribly wrong in medical care—but not every bad outcome is the result of negligence, and not every negligent act leads to a viable lawsuit.
This page explains how we evaluate medical malpractice cases in Ontario, what we look for, why many cases are declined, and what is involved in determining whether a claim can proceed.
Medical malpractice litigation is unlike most other personal injury claims. These cases:
Require extensive medical records
Depend on independent expert evidence
Are costly and time-intensive to litigate
Involve strict legal and evidentiary standards
Because of this, careful screening at the outset is essential—for both clients and lawyers.
An honest assessment early on helps ensure that:
Viable cases are pursued properly
Families understand the legal realities
Time and resources are not wasted on claims that cannot succeed
One of the most difficult realities for families is learning that:
Complications can occur even with good care
Some conditions progress despite timely treatment
Medicine involves uncertainty and risk
Medical malpractice is not about whether the outcome was tragic. It is about whether the healthcare provider failed to meet the accepted standard of care, and whether that failure caused preventable harm.
This distinction is central to every case evaluation.
When assessing a potential medical malpractice claim in Ontario, we typically look for four key elements.
We examine whether there is evidence that a physician, nurse, or hospital:
Failed to act when action was required
Failed to investigate concerning symptoms
Failed to follow up on abnormal test results
Failed to refer or escalate care appropriately
Provided treatment that fell below accepted practice
The question is always:
What should a reasonable healthcare provider have done in these circumstances?
Delayed diagnosis is a common cause for medical-legal concern.
Causation is often the most challenging part of a malpractice case.
We assess whether:
Earlier diagnosis would likely have changed treatment options
Timely intervention would likely have prevented harm
The delay or error materially worsened the outcome
It is not enough to show a mistake.
There must be persuasive medical evidence that the mistake made a meaningful difference.
Medical malpractice cases must justify the emotional and financial cost of litigation.
We consider whether the outcome involved:
Death
Permanent injury or disability
Significant loss of function
Ongoing care needs
Substantial income loss or dependency claims
Minor or temporary injuries, even if caused by error, often do not support litigation.
Ontario malpractice cases almost always require support from qualified, independent medical experts.
We assess whether:
Appropriate experts are available
The medicine supports a criticism of care
Expert evidence is likely to meet court standards
Without credible expert support, a case cannot succeed.
Many people are surprised to learn how many cases cannot proceed, even where care feels unacceptable.
Common reasons cases are declined include:
The standard of care was met, even if the outcome was poor
The harm was unavoidable given the condition
The delay or error did not change the outcome
The damages are not sufficient to justify litigation
Expert medical support is unlikely
Declining a case is not a judgment on a person’s experience. It is a legal assessment based on evidence and risk.
Medical malpractice cases are built on records.
A proper evaluation usually requires:
Complete family doctor and specialist notes
Emergency department and hospital records
Diagnostic imaging and laboratory reports
Consultation letters and referral documentation
Nursing notes and discharge summaries
A detailed timeline created from these records is often the foundation of the case analysis.
Unlike other areas of law, medical malpractice cases cannot be responsibly assessed in a short phone call.
Evaluation often involves:
Reviewing hundreds or thousands of pages of records
Identifying key decision points in care
Assessing medical judgment in context
Consulting or screening potential experts
This process takes time, but it is necessary to provide an honest and reliable opinion.
Even while a case is being evaluated, limitation periods continue to run.
In Ontario, most medical malpractice claims must be started within:
Two years of when the claim was discovered or ought to have been discovered
Subject to ultimate limitation periods that may bar claims entirely
Seeking legal advice early helps protect your rights, even if the evaluation process is ongoing.
Clients can assist the evaluation process by:
Providing accurate timelines of care
Identifying all healthcare providers involved
Obtaining medical records where possible
Preserving correspondence and test results
Being open about prior health issues
Clear information improves the quality and speed of the assessment.
If a case meets the legal and medical criteria:
Further expert review may be undertaken
Litigation risks and timelines are discussed
The legal process is explained clearly
Next steps are taken only with informed consent
Medical malpractice litigation is a long process, and informed decision-making is essential.
If you believe negligent medical care may have caused serious harm or death, a medical malpractice lawyer can help determine whether a legal claim is viable under Ontario law.
Not every case can proceed, but a careful evaluation can provide clarity, manage expectations, and help families understand their legal options.
All inquiries are confidential. Case evaluations are focused on honesty, evidence, and realism—not assumptions or promises.