Ottawa Medical Malpractice Lawyers

Medical malpractice occurs when a healthcare provider — doctor, nurse, hospital, or other regulated professional — fails to meet the accepted standard of care in their field, and that failure causes harm to a patient. Not every adverse medical outcome is malpractice. The distinction is whether a reasonably competent provider in the same specialty would have acted differently in the same circumstances.

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. We review the circumstances honestly and tell you whether we believe the case has merit.

A missed diagnosis means a condition was completely overlooked — the physician failed to identify that anything was wrong. A misdiagnosis means the condition was identified incorrectly — the wrong diagnosis was made, leading to wrong or delayed treatment. Both can form the basis of a medical malpractice claim if the error falls below the standard of care and causes harm. Delayed cancer diagnosis is one of the most common forms we see in Ottawa cases.

Informed consent is the process by which a healthcare provider explains the risks, benefits, alternatives, and nature of a proposed treatment or procedure before the patient agrees to it. Under Ontario law, a patient must be given the information a reasonable person in their position would want to know before making that decision. When a provider fails to obtain proper informed consent and the patient suffers harm from a risk they were never told about, this can give rise to a malpractice claim even if the procedure itself was performed correctly.

Yes. Hospitals in Ontario can be held liable for the negligence of their employees — including nurses, residents, and other employed staff — under the principle of vicarious liability. Where a hospital’s own systems, policies, or institutional failures contributed to the harm, the hospital may also have direct liability. Claims against hospitals such as The Ottawa Hospital, Queensway Carleton, CHEO, or Montfort are handled differently than claims against individual physicians — the CMPA typically defends physicians, while hospitals have separate institutional defence counsel.

Medical malpractice cases in Ontario typically take longer than other personal injury claims. A case that settles without going to trial may be resolved in two to four years. Cases that proceed to trial can take five to seven years or longer. The complexity arises from the records review, expert report exchange, examination for discovery, and the CMPA’s willingness to defend cases that other defendants might settle. We tell every client this at the outset — because understanding the timeline helps you make informed decisions about your claim.

Generally, two years from when you discovered — or reasonably ought to have discovered — that you had a claim, under Ontario’s Limitations Act, 2002. Because that discovery 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. An absolute limit of 15 years from the date of the act or omission also applies. Speak with a lawyer promptly.

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 medical system.

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, explained fully before you decide to proceed. This structure allows you to pursue a well-resourced defendant — including the CMPA — without financial risk during the claim process.

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 against one of the best-funded defence organizations in the country.