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Medical malpractice lawsuits in Canada are becoming more common. To be successful in such claims, strong evidence must be obtained and preserved promptly, in order to demonstrate any wrongdoing by the health practitioner or facility. We retain leading medical experts to provide opinions and assist with your case.

To be clear:  Medical Malpractice cases are difficult to put together unless the evidence of medical malpractice is gathered quickly and preserved to provide evidence with your case.

To investigate a negligence claim against a health care practitioner, contact one of our medical malpractice lawyers for a free consultation now.

When dealing with medical malpractice cases, it’s important to act quickly.   We can’t stress this enough.

Seek legal advice from a source you trust and start building your case immediately.

If you require assistance, call and speak with one of our highly experienced lawyers who can assist.

The lawyers at Neinstein Personal Injury Lawyers treat each and every client with the respect and dignity you deserve.  Don’t wait another minute, call or fill out the form to the right of the page and one of our highly trained personnel will contact you to discuss your situation.

Still not sure how to proceed.  We offer a no obligation free consultation to provide our clients with peace of mind.  Now you can ask the questions that are on your mind and start the process.

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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.


Canadians are lucky to have access to a world-class universal healthcare system staffed by excellent doctors, nurses, surgeons, and other healthcare professionals. Healthcare providers have a responsibility to deliver a reasonable standard of care to their patients. When a patient is injured by a negligent act or omission outside that reasonable standard of care, their healthcare practitioner may have committed medical malpractice.

Each medical malpractice case is unique, and how much compensation you are entitled to depends on a number of factors, such as the type of injury and extent of care you will require. Medical errors can produce highly damaging injuries which may affect every aspect of your life. The aim of a medical malpractice claim is to recuperate what you have lost as a result of your injuries. Your compensation can be quantified through lost wages, expenses relating to your care, and the emotional and physical pain and suffering you have experienced.

If you have been injured by the negligent acts or omissions of a healthcare provider, you should immediately contact a medical malpractice lawyer.


In Canada, few lawyers specialize in medical malpractice lawsuits. The length, cost, and complexity of medical malpractice cases means very few lawyers are equipped to adequately litigate them. A medical malpractice lawyer should guide you through every step of the legal process, from determining whether you have a viable claim to assessing what sort of compensation you and your family are entitled to.


Neinstein Personal Injury Lawyers’ medical malpractice group have decades of experience representing clients who have been injured through medical error and negligence. Led by Duncan Embury, the medical malpractice team has developed a reputation of compassionate, caring representation, and comes highly recommended by past clients and Canadian legal publications like Lexpert.

At Neinstein Personal Injury Lawyers, our service extends well beyond the courtroom to helping you through legal paperwork and insurance claims and connecting you with leading clinical and rehabilitative care and counseling providers. Over our 45 years in business, we have developed a deep understanding of the physical, emotional, and financial toll a serious medical malpractice injury can have on your life. We are committed to standing with you on every step along your path to recovery.


Medical malpractice injuries can dramatically alter a person’s quality of life, especially in cases where they can no longer work or are in need of constant care. Acknowledging the devastating financial impact a severe medical injury can have, Neinstein Personal Injury Lawyers is proud to work on a contingency basis. We will finance your legal claim until your case is successfully resolved, and never demand upfront fees or hourly charges. And if your case doesn’t result in a settlement, you won’t pay any legal fees.

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.

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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


The insurance claims process is often time-consuming and complex. Insurance companies will assess every minute detail of the events leading up to the accident to ascertain fault. As a victim, you must submit to medical examinations and intense scrutiny of your injuries. These will be accompanied by meetings with legal counsel for the insurance company. These are known as Examinations for Discovery, or ‘depositions.’

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