Medical Malpractice

Birthing injury, stroke, surgical mistake, error in diagnosis, or other medical intervention, can cause devastating and lifelong consequences. The patient’s future wellbeing and their family’s security may depend on the success of a medical malpractice lawsuit. Who you choose to fight for your rights is crucial. 

Medical malpractice is a highly specialized, notoriously difficult area of law. Not only is proof often difficult to obtain, but also the health care provider’s lawyers mount very vigorous, well-funded defences. Cases may take many years to resolve completely. Often only after a lengthy and costly trial process. For these reasons, even personal injury law firms hesitate to take medical malpractice cases.

At Torkin Manes, these are the cases in which we excel.

Our Medical Malpractice Group is comprised of very experienced and successful trial lawyers, who get results against seasoned defence counsel. Because most general personal injury cases settle, even a seasoned personal injury lawyer may have little courtroom experience. These lawyers and government agencies frequently refer medical malpractice cases to us, secure in the knowledge that if necessary, we will take the case through to trial, no matter how long it takes or how vigorously it is defended. As with all litigation, if we see that the client’s best interests are served by obtaining a speedy and satisfactory settlement, we will negotiate that on the client’s behalf. We take care to be both compassionate and communicative with our clients as we help them along a very difficult road to recovery.

Our group has been involved in some very high-profile medical malpractice cases, where media attention compounds the family’s suffering. Our clients often ask us to act as their spokesperson and we counsel them in their dealings with the media. We have the backing of a full-service law firm when our clients’ legal needs go beyond medical malpractice. Click here for more information on our Medical Malpractice Group.

Some of our many medical malpractice cases have involved:

  • Birthing injuries
  • Brain injury
  • Cerebral palsy
  • Brachial plexus injury (shoulder dystocia)
  • Strokes or ischemic attacks
  • Surgical errors
  • Delayed diagnosis of cancer
    • Breast
    • Colon
    • Lung
    • Brain
    • Kidney
    • Prostate
  • Deep vein thrombosis
  • Pulmonary embolism
  • Spinal injuries
  • Missed diagnosis
  • Medication errors

If you or someone you love has suffered a medical injury, we are experienced medical malpractice trial lawyers and we can help.  

Visit our medical malpractice and personal injury site

 

Date Title Related Lawyers Type

July 2017

Proving Causation and Damages in late Cancer Diagnosis Cases

Speaker, Ontario Trial Lawyers Assocation   

Barbara A. MacFarlane

Presentation

June 2017

Superior Court Recognizes Tort of Harassment: Merrifield v The Attorney General, 2017 ONSC 1333

Torkin Manes LegalPoint

Nicholas Sampson

Article

May 2016

Better Reporting of Medical Errors Could Save Lives

Torkin Manes LegalPoint

Barbara A. MacFarlane

Newsletter

October 2015

Medical Malpractice Law: Intricacies of the Common Law

Annual Review of Civil Litigation, 2015 (Toronto: Carswell, 2015)

Marco P. Falco
Barbara A. MacFarlane

Article

October 2015

Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

Ontario Trial Lawyers Association Blog

Barbara A. MacFarlane

Article

May 2015

CPSO Transparency: By-Law Amendment a Step in the Right Direction

OTLA Blog, Ontario Trial Lawyers Association

Barbara A. MacFarlane

Article

May 2015

The Unbiased Expert: Challenging the Admissibility of Expert Evidence in WBLI v. Abbott and Haliburton

Torkin Manes LegalWatch, Spring 2015

Marco P. Falco

LegalWatch

March 2015

Do Experts Always Have to Produce a Report to Give an Opinion at Trial?

Torkin Manes LegalWatch - Spring 2015

Marco P. Falco

LegalWatch

February 2015

Court of Appeal Allows Action for Breaches of Privacy Relating to Personal Health Information

Torkin Manes LegalWatch - Winter 2015

Marco P. Falco

LegalWatch

February 2015

How Hryniak changed medical malpractice field

The Lawyers Weekly

Jillian Evans

Article

More Publications

Barbara A. MacFarlane

Practice Group Lead

Tel: 416 360 4730  Fax: 1 888 683 6540
Email: bmacfarlane@torkinmanes.com

Nicholas Sampson

Tel: 416 594 4480  Fax: 1 844 275 6202
Email: nsampson@torkinmanes.com

Practice Group Lead(s)

Barbara A. MacFarlane 416 360 4730 bmacfarlane@torkinmanes.com

Practice Group Lawyers

Nicholas Sampson 416 594 4480 nsampson@torkinmanes.com

Practice Group Clerks

Paula Dadd 416 777 5442 pdadd@torkinmanes.com
Lynda Vysoki 416 777 5417 lvysoki@torkinmanes.com
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