Ottawa Medical Malpractice Lawyers
When Trusted Medical Care Causes Harm, We Hold Them Accountable
A preventable medical error can change your life in a moment. At LMS Personal Injury Lawyers, our Ottawa medical malpractice lawyers stand up to hospitals, doctors, and their well-funded defence teams to pursue the full compensation you and your family deserve.
What Most Ottawa Patients Don’t Know Before They Call Us
Medical malpractice cases in Ontario are among the most aggressively defended legal claims you will ever encounter. When a patient is harmed by a physician’s negligence, that physician is almost certainly backed by the Canadian Medical Protective Association (CMPA), an Ottawa-based mutual defence organization with approximately $3 billion in resources that hires some of the largest law firms in the country and retains multiple medical experts on the defence side.
The CMPA is known in legal circles for its “scorched-earth” approach to defending physicians. According to the CMPA’s own data, in 2021, out of 958 resolved cases, only 354 resulted in a settlement or judgment for the plaintiff, roughly 37% of cases. That is the landscape injured Ottawa patients are stepping into when they pursue a claim.
What this means in practice: you cannot take on the CMPA with a general personal injury lawyer. You need a legal team that understands the terrain, has built relationships with credible independent medical experts, and has the resources and determination to see these cases through. That is exactly what LMS Personal Injury Lawyers Ottawa brings to medical malpractice cases.
Injured due to someone else’s negligence? Our team is here to provide trusted legal guidance and help you understand your options.
What Counts as Medical Malpractice in Ontario?
A bad outcome is not automatically malpractice. Medicine involves real risk, and even careful, competent treatment can fail. Medical malpractice arises when a healthcare provider falls below the standard of care, the level of skill and judgment a reasonably competent provider in the same specialty would have applied in the same circumstances, and that failure directly causes harm to the patient.
The standard of care in Ontario is assessed at the provincial and national level: a physician in Ottawa is expected to practice at the same standard as other physicians in the same specialty across Ontario and Canada. This standard is confirmed by the Supreme Court of Canada’s ruling in ter Neuzen v. Korn (1995), which has remained the governing test.
In other words, the question is not simply “did something go wrong?” but “did the provider act negligently, and did that negligence cause the injury?” Drawing that line requires experienced legal and independent medical analysis, which is exactly why these cases must be assessed carefully before proceeding.
Types of Medical Malpractice Cases We Handle in Ottawa
Negligence can occur at almost any point in the care process. Our Ottawa medical malpractice lawyers handle cases involving:
- Misdiagnosis, missed diagnosis, or delayed diagnosis – particularly of cancer, cardiac conditions, infections, and strokes, where time lost is directly tied to outcome
- Surgical errors – operating on the wrong site, leaving instruments behind, and anaesthesia mistakes; in these cases, courts have recognized that a results-based approach to negligence applies
- Birth injuries to mother or child caused by negligent prenatal or delivery care
- Medication and pharmacy errors — wrong drug, wrong dose, harmful drug interactions, or failure to monitor for side effects
- Improper care or monitoring by doctors, nurses, hospitals, or support staff
- Failure to obtain informed consent — treating a patient without properly explaining the risks, alternatives, and nature of the procedure
- Negligent cosmetic procedures
- Dental errors resulting in serious injury
One thing we tell every new client: the most common reason strong cases fail early is insufficient expert evidence on the patient’s side. The CMPA will bring qualified specialists to contest every element of your claim. We build our cases with the same rigour, drawing on a wide network of independent medical experts across North America who have experience testifying in Ontario proceedings.
What Your Case Must Prove — And Where Cases Are Won or Lost
A successful medical malpractice claim in Ontario requires establishing four elements:
- Duty of care — That a treatment relationship existed between you and the provider. This is typically straightforward once care was rendered.
- Breach of the standard of care — That the provider’s actions (or inaction) fell below what a reasonably competent provider in the same specialty would have done. This almost always requires supporting expert opinion from an independent specialist.
- Causation — That the breach directly caused your injury, rather than the underlying illness or an unrelated factor. This is where most medical malpractice cases are won or lost. The defence will argue that your harm arose from your original condition, not from anything the physician did. Meeting this burden requires carefully constructed expert evidence that links the negligent act specifically to the outcome you suffered.
- Damages — That you suffered real, documented harm as a result.
A note on causation that most people don’t hear until it’s too late: In our experience, causation is consistently the hardest element to establish — and the one the CMPA’s defence team attacks most aggressively. A case where the standard-of-care breach is obvious can still fail if causation is not solidly established. This is why we assess causation closely at the outset, before advising a client to proceed.
What You Can Recover in a Medical Malpractice Claim
Compensation in a medical malpractice case is built around the full, long-term impact of the harm, not just the immediate costs. A claim may pursue:
- Past and future medical and rehabilitation costs — ongoing treatment, therapy, assistive devices, and future care needs
- Lost income and reduced earning capacity — wages lost during recovery and, where the injury affects your ability to work long-term, the projected future income differential
- Attendant care costs — the cost of personal care assistance if your injuries require it
- Out-of-pocket expenses — travel, medication, home modifications, and other costs directly tied to the injury
- Pain and suffering, and loss of enjoyment of life — non-pecuniary general damages for the personal impact of the harm
Where medical negligence has caused a death, surviving family members may have their own separate claims under Ontario’s Family Law Act (see below).
Because serious medical errors often have lifelong consequences, we build each claim around the complete long-term picture, not just what has happened so far.
When a Family Member Is Harmed: Family Law Act Claims
The impact of a serious medical error is rarely confined to the patient. Under Section 61 of Ontario’s Family Law Act, certain close family members, spouses (including common-law partners who lived together for at least three years, or who had a child together in a relationship of permanence), children, grandchildren, parents, grandparents, and siblings may claim compensation for:
- Loss of care, guidance, and companionship of the injured or deceased person
- Expenses they personally incurred as a result of the injury
- The care they personally provided to the injured family member
If a loved one has died as a result of medical negligence, the estate may also have a separate claim under the Trustee Act for pre-death pain, suffering, and medical expenses. Both claims are often pursued together, but must be carefully structured to avoid double-recovery.
The Ottawa Context: Who Is Defending Against Your Claim
Patients in Ottawa who a physician harms are almost always up against the CMPA, headquartered here in Ottawa, and one of the most well-resourced medical defence organizations in the world. Hospitals have their own institutional insurers and legal teams as well.
\What we have observed across the cases we handle: the CMPA does not settle cases simply because settlement is cheaper. It is structured to protect physicians’ reputations and will defend cases even when a settlement would be the more economical path. This means that families who pursue legitimate claims against Ottawa physicians need to be prepared for a long, well-contested process and represented by lawyers who will not back down from that.
We have built our expert network and our case preparation process specifically to meet that standard.
Don’t Wait — Strict Time Limits Apply
Medical malpractice claims in Ontario are governed by a two-year limitation period under the Limitations Act, 2002, which begins when you discovered, or reasonably ought to have discovered, that you had a claim.
What “discovery” means in practice: The clock does not necessarily start on the date of the negligent act. Courts have held that a claim is “discovered” when a plaintiff has actual or inferred knowledge of the material facts from which a plausible inference of liability can be drawn. In medical cases, where the connection between negligent care and a later injury is not always immediately apparent, this date can be genuinely difficult to pin down.
Key exceptions to be aware of:
- Minors: If the injured person was under 18 at the time of the negligence, the two-year period does not begin until they turn 18, provided no litigation guardian commenced the claim earlier.
- Incapacity: If the injured person lacks the capacity to bring a claim, the limitation period does not run during the period of incapacity without a litigation guardian.
- Concealment: Where a medical professional or institution deliberately concealed their negligence, Ontario courts have held this can pause the running of the limitation period until the patient could reasonably discover the cause of action (Giroux Estate v. Trillium Health Centre, 2005 ONCA).
- Our advice: Do not assume you are out of time, and do not assume you have plenty of time. The safest course is always to speak with a lawyer as promptly as possible. Medical records, witness recollections, and other evidence are best preserved early, and the sooner we begin, the stronger your position will be.
Speak with an Ottawa Medical Malpractice Lawyer Today
If substandard medical care has harmed you or someone you love, you deserve answers and an advocate who understands what you are up against. Call +1 613-230-5787 or contact us online to arrange a free consultation. We take on the hospitals, physicians, and their defence teams, so you can focus on recovery.
No fees unless we win or settle your case.
Frequently Asked Questions
How do I know if my bad outcome was actually malpractice?
In most cases, you cannot know for certain without a review of your medical records by independent experts. The difference between an unfortunate but acceptable outcome and genuine negligence is a medical and legal question, not one patients can typically assess on their own. A free consultation is the right first step to determine whether your situation warrants further investigation.
How long do I have to bring a claim?
Generally, two years from when you discovered or reasonably ought to have discovered that you had a claim. Because that date can be difficult to identify in medical cases, you should not assume you are out of time, and you should not assume you have two full years from today if the incident happened months ago. Speak with a lawyer promptly.
Will I have to sue my doctor personally?
Not necessarily. Claims are often directed at hospitals, institutions, and their insurers, not just at individual physicians. Where a physician is involved, the CMPA handles and funds their defence. Many clients are also motivated by a desire to prevent the same error from happening to someone else, and pursuing a claim is one of the few mechanisms that creates accountability in the system.
How much does it cost to hire a medical malpractice lawyer?
We work on a contingency fee basis. There are no upfront costs or hourly fees. Our fee is a percentage of what we recover for you, and we explain it fully before you decide to proceed. This structure allows you to pursue a well-resourced defendant without financial risk during the claim process.
Why do these cases take longer than other injury claims?
Medical malpractice claims require detailed records review, independent expert analysis, complex causation arguments, and expert testimony from both sides, against a defence team that is specifically funded and structured to contest every element of your claim. That thoroughness takes time. But it is also what builds a claim strong enough to succeed.
Our Lawyers Team
Russ Molot
Russ Molot brings a client-first approach to personal injury, family law, and disability claims. Fluent in English and French, Russ takes the complexity out of the legal process for Ottawa residents at some of the most stressful moments of their lives.
David Capra
David Capra has represented Ottawa accident victims for over two decades, handling motor vehicle accidents, medical malpractice cases, and slip-and-fall claims. He is known for his thorough case preparation and his commitment to pursuing maximum compensation for every client he takes on.