Led by Duncan Embury, our Medical Malpractice Group focuses on cases involving medical negligence, medication errors, misdiagnosis, and other instances where medical care fell below the appropriate standard.

Free Consultation Form

  • This field is for validation purposes and should be left unchanged.


Patients are required to place almost-absolute faith in their doctors, chiropractors, anesthesiologists, dentists, nurses, and other healthcare providers. Unfortunately, when this trust is broken through negligence, omission or misdeed, the consequences can be far-reaching.


Canada has a world-class medical system, but mistakes are still common. Misdiagnosis, failed surgeries, and even deliberate misconduct are not unheard of. If you or someone you know has been affected by medical malpractice, get in touch with our experienced team of Toronto medical malpractice lawyers.


Medical malpractice claims and lawsuits are often difficult to prove and are generally contested by the Canadian Medial Protective Association (CMPA). For this reason, they require strong legal and medical know-how. At Neinstein Personal Injury Lawyers, we have helped many patients who have suffered harm at the hands of healthcare professionals and institutions. Our team not only helps clients access the compensation they deserve for their suffering, but also helps them access the best medical treatment.



Medical malpractice refers to mental and/or physical suffering caused by the negligence, omission or error of a healthcare professional or medical institution. This can include errors committed by dentists, doctors, nurses, hospitals, and pharmaceutical companies. Malpractice can take many forms, including misdiagnosis or late diagnosis, medication errors, failure to properly explain the risks of a treatment, deficiencies in post-operative care, and even defects or failure of medical devices (such as stents or surgical mesh).


Before starting legal action, talk to an experienced medical malpractice lawyer. They will help you determine who should be named in the suit: is it your doctor? The hospital? The pharmaceutical company or medical device manufacturer? Should they all be named?


Experienced Toronto Medical Malpractice Lawyers

Medical malpractice lawsuits will in most cases be contested vigorously by the CMPA, a not-for-profit organization that provides defense services and liability protection for Canadian doctors. The CMPA’s defence practices are why Toronto medical malpractice lawyers insist on establishing strong cases. Neinstein Personal Injury Lawyers partners with experienced medical professionals to prepare for malpractice advocacy. We understand the complexities of establishing a chain of causation, and the consequences of failing to establish that chain.


Neinstein Personal Injury Lawyers’ clients benefit from the expertise of our renowned Medical Malpractice Group. Our team helps clients understand the challenges associated with malpractice claims and their options for pursuing compensation.



Medical malpractice is a complex field of law which covers the injuries caused by the negligence of medical professionals, pharmaceutical companies, and healthcare institutions. In simple terms, here are a few examples of the kinds of errors that could cause you to approach a Toronto medical malpractice lawyer.


    1. Misdiagnosis and delayed diagnosis – When an illness is misidentified, or symptoms of an illness are overlooked leading to a delay in identification. This can cause delayed treatment that leads to negative patient outcomes.


    1. Medication errors – When the wrong medication or dose of medication is prescribed, causing liver damage, pain and suffering, or a range of other damaging outcomes.


    1. Surgical errors – Surgeries all have an element of risk which a patient must bear, but serious errors caused by negligence or bad judgement are not among them. Operation on the wrong body part and surgical items left inside the body are particularly blatant examples of this.


    1. Negligent post-operative care – Infections after surgery, improper monitoring of a patient’s health, mistakes in administering medication while in hospital – these errors are more common than you think and can suggest a bigger problem of improper hygiene and practices at medical establishments.


    1. Birth injuries – Medical errors during childbirth can have long-term consequences for newborns and mothers. Obstetric specialists must exercise sound medical judgment during these critical moments. Improper care can also result in scarring, physical and developmental delays, and various other impacts for both mother and child.


    1. Implant failure – Manufacturing or design defects of implanted medical devices can cause illness, chronic pain, and may require corrective surgeries to repair. In rare situations, malfunctioning medical devices can even put patients’ lives at risk.



Led by Duncan Embury, one of Canada’s most experienced and well-respected medical malpractice lawyers, Neinstein’s Medical Malpractice Group has more than 20 years of experience defending clients’ rights and ensuring they receive full and fair compensation for their injuries.   Our medical malpractice group focuses solely on representing clients who have been injured by the negligent acts or omissions of healthcare providers. Our formidable investigative capabilities and advocacy experience are respected by insurance companies and healthcare institutions across Ontario.Medical malpractice cases are complex, challenging, and require an intricate understanding of both legal and medical processes. Neinstein’s medical malpractice lawyers will stand beside you through every step of your journey to recovery, giving you the best chance of receiving fair compensation.   Our team represents injury victims in the following cases:   Brain Injury and Stroke Delayed and Misdiagnosis Errors Hospital and Nursing Malpractice Birth Injury Surgical Malpractice Medication Errors It takes legal and medical know-how and capable evidence-gathering to establish a strong medical malpractice case. Neinstein’s expertise in these areas has made our malpractice group some of Toronto’s most trusted medical malpractice lawyers. Our process includes consulting with medical professionals to ensure our arguments are sharp and authoritative.   Your compensation should account for lost wages, medical care expenses, emotional and physical suffering, and impact on family life. Each malpractice case is different, and each will be contested. Make sure you rely on medical malpractice lawyers with a track record you can trust. Neinstein Personal Injury Lawyers has helped hundreds of clients through their malpractice claims.  


At Neinstein Personal injury lawyers, you will not pay any legal fees unless your legal claim is won or settled successfully. We know that mistakes by doctors can have a devastating impact on your finances. Accumulating medical and care bills and a loss of income can leave you financially drained. At Neinstein, we make sure that doesn’t stop our clients from accessing justice.   Hourly legal fees can place an undue burden on your stressed finances, especially in malpractice suits which are complex, time-consuming, require detailed legal preparation and assistance from medical experts. A contingency fee arrangement like that offered by Neinstein’s medical malpractice lawyers Toronto provides the financial freedom you need to pursue your recovery while we pursue compensation.  

We were referred to Duncan through a relative who happens to be a lawyer and has knowledge of the trauma that we were experiencing at the time. Our daughter was born with a traumatic brain injury at delivery and we were clueless about our options but felt we needed to speak to someone and at least explore different possibilities.


Duncan was the second lawyer we met with but immediately felt he would be the best person to represent us. We could tell from the beginning he had immense medical knowledge because of his many years of experiences as a medical malpractice lawyer and we connected with Duncan as a person and a parent; he could relate to us and very personable.


Throughout the four year journey we embarked on Duncan became more of a family member than a just a lawyer. It was an extremely complex process that needed not only legal expertise but also leadership and Duncan always put our family first.


One of the most important attributes that Duncan possesses outside of his legal skills was his ability to understand our family dynamics and keep us informed at every step of the way.


This case was literally our life for over four years. The stress was absolutely enormous and Duncan advocated for us as if he was advocating for his own family. Too many times he had to deal with not only an impossibly frustrating defense counsel but also our short tempers, frustrations and fears. He balanced all this and kept us focused on what was important while he took care of the legal process, which he knew inside out. My wife and I would reassure ourselves that we trust Duncan and his amazing team and that literally got us through some very trying times.


In the end Duncan not only got us the result that was needed and deserved but he did so with putting our family first and in our fragile mental and emotional state we could not have asked for anything more. It’s great to know that we now have the ability to take care of our daughter and her future needs.


I would recommend Duncan without even a moment’s hesitation to anyone that needs expert legal advice and guidance. He is Master of his craft that truly cares about the families he represents.


N.V. & K.H.

Free Consultation Form

  • This field is for validation purposes and should be left unchanged.

A serious and disruptive car accident can happen to anyone. When it does, Neinstein Personal Injury Lawyers are here to help you get your life back on track. We ensure that you receive the best medical treatment and the secure settlement you deserve. We know that a financial settlement cannot fully compensate for the pain and loss you have suffered, but it can help bring closure on this challenging phase of your life.

Our Toronto car accident lawyer team handles claims relating to all motor vehicle accidents, including motorcycle accidents, pedestrian accidents, and cycling accidents. Neinstein Personal Injury Lawyers is a full service personal injury practice: we are leading advocates in slip-and-fall cases, accident benefits claims, product liability disputes, dog bites, and wrongful death cases.

With head offices in Toronto, we represent clients across Ontario. Our expertise and record of success have helped us to be named one of the country’s Top 10 boutique personal injury Law firms on several occasions, according to Canada Lawyer Magazine. Many of our lawyers are also recognized as certified specialists in their fields by the Law Society of Upper Canada.

Caring for Clients, Not Just Client Care

More than just the physical injury, a serious car accident injury can have an impact on your family, cause loss of income, and require long term rehabilitation. Every personal injury matter is unique, and our lawyers know to work to your unique needs. Our Toronto car accident lawyers make sure you receive the medical care and attention you need, and work towards a resolution that will get you the compensation you are owed for your injuries.

We understand that people want to move on from the trauma of their accident and get a definitive outcome on their claim as soon as possible. Our lawyers take care to set the right strategy for your claim or settlement. We will advise you every step of the way, explaining legal terms and nuances as we go. We believe that it is critical to ensure our clients feel engaged and involved throughout the legal process.

A Toronto Car Accident Lawyer That Makes Legal Advice Easy and Accessible:

  • Free, no-obligation consultation to discuss your claim
  • Nearly 50 years of experience in civil litigation
  • Hundreds of thousands of successful personal injury claims