Best Medical Malpractice Lawyers in Burlington, ON (2026)
This evidence-based 2026 list looks at Burlington-area malpractice lawyers through their practice areas and published results, also taking client reviews into account.
Sources checked
4 lawyers and firms
The short answer
Our featured firm in Burlington is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. When we reviewed the firms, Lamont Law stood out for clients' comments about clear explanations and personal support. Its claims include medical and nursing home negligence. Before calling, find out who would take your claim and whether they've handled cases involving the treatment you received. Check the fees, too. You'll find filing rules in the Ontario law guide.
Jeremy Syrtash leads the medical malpractice litigation practice at Diamond & Diamond Lawyers LLP. He earned a BA from Yeshiva University (2010) and a JD from the University of Ottawa (2013), was called to the Bar of Ontario in 2014, and has acted as counsel and co-counsel in medical malpractice cases across Canada, many involving pediatric and obstetrical negligence.
Called to the Bar of Ontario, 2014 · JD, University of Ottawa · Best Lawyers: Ones to Watch in Canada, Health Care Law (2024 to 2027)
When clients describe Lamont Law, they repeatedly mention time for questions and clear explanations of the legal process. Google lists it with 93 reviews and a 4.8 rating. Those comments often mention prompt replies and personal support, which help explain why it's listed here, but reviews don't show what happens in malpractice cases.
Stood out in our review for the recognition it has earned and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Best for: Clients seeking contingency representation
If you're considering MacIsaac Gow LLP, it offers a free consultation and says it works on contingency. Before committing to a lawyer, families can discuss their claim. Matthew C. MacIsaac and Fraser R. Gow are named as lawyers at the firm, which lists medical malpractice alongside personal injury work and commercial disputes.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Burlington can look at it with you, and it costs nothing.
Best for: Burlington families with birth injury concerns
You'll find Martin & Hillyer Associates in Burlington. When describing the claims it handles, its site names birth injury and misdiagnosis, as well as surgical errors, nursing home neglect and wrongful death. When you ask about cases it's handled, you can bring up those specific subjects.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When you speak to the lawyer, describe what happened and when you learned the care might have caused harm. You generally have 2 years from discovery under Ontario's basic limitation period. Don't assume treatment starts the clock; ask the lawyer to work out the deadline that applies to you.
Review the medical records
When assessing your treatment and the injury you've described, a lawyer can use your chart. Which records will they need, and who will get them? Ask. Medical opinions look at causation (whether the care caused the harm) as well as the standard of care (the care expected).
Start the court claim
The lawsuit's allegations go into a statement of claim. To start an Ontario claim, you don't need an affidavit or certificate of merit. Before proceeding, your lawyer should check which limitation period applies, taking account of the special rules for children who have no litigation guardian.
Develop the evidence
Under Ontario's court rules, expert reports addressing the standard of care and causation must be served. What must those reports address, and might more records be needed? These are questions to ask your lawyer. You'll also need to discuss paying for those medical opinions.
Assess resolution
When a resolution is proposed, go through it with your lawyer, including what it covers for lost income or future care. Economic losses aren't subject to a statutory cap in Ontario. There is, however, a judge-made national cap on non-pecuniary damages, which include compensation for pain and suffering.
Malpractice claims in Burlington: the rules that matter
The filing deadline in Ontario
The clock startsWhen you found out, or should have
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most15 yearsafter the treatment, with a few exceptions
Limits on damages in Ontario
Pain and sufferingCapped at about $484,330
All damages togetherNo overall cap
Expert paperworkNo affidavit or certificate of merit is required to start a claim.
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
According to MacIsaac Gow LLP and Martin & Hillyer Associates, they take cases on contingency. If the claim fails, there's no lawyer's fee; otherwise, the lawyer receives a share of any recovery. Costs aren't those fees. Court fees can be among those costs, along with medical records and medical opinions. From the firms' listings, you can't tell who pays those expenses during the claim or if it fails. Before signing, ask for written terms that show the recovery share and spell out any deductions. Your responsibility for costs should be clear in those terms, too. Although Lamont Law offers a free consultation, it doesn't state its contingency terms.
According to all three listed firms, you won't pay for the first consultation. Contingency work is also offered by two.
What to bring to your first call
A short account, in date order, of your treatment and what followed
When you received treatment and first suspected that the care had caused harm
Who provided your health care, listed by name
Medical records already in your possession, including notes from delivery or surgery
Any hospital or insurer letters sent to you
Details and bills showing lost income or expenses for care
Any injury-related photos you have
What you most want to ask about the claim and legal costs
Questions to ask a lawyer
1When you've handled claims about care like mine, how many were there?
2Who would take responsibility for my file as the lawyer?
3Given my dates, what's the applicable limitation period?
4What would you need in medical records and expert opinions?
5If money is recovered, how will you work out your fees?
6While the claim proceeds, who covers case costs, and what happens if it fails?
7When I have questions, how could I reach someone, and how would updates arrive?
8Does the free consultation include you reviewing the records I bring?
Choosing a malpractice lawyer in Burlington
When you compare firms, start with the care that worries you, not their overall ratings. Lamont Law lists nursing home negligence, whereas Martin & Hillyer Associates names birth injury and surgical error claims on its site. Although MacIsaac Gow LLP lists medical malpractice, it doesn't identify particular treatment-related areas of focus. Before calling, use those descriptions to prepare your questions. You still won't know from them how many similar claims a lawyer has handled.
Check location early. Martin & Hillyer Associates has a Burlington office, while Lamont Law is in Hamilton and MacIsaac Gow LLP's listed office is in Oakville. Ask whether you need to attend in person and who you'll meet. The person answering the initial call may not be the lawyer responsible for your file.
Use the consultation to get specific answers
Describe what changed after you received the treatment. Rather than asking about general personal injury work, ask whether the lawyer has handled claims involving that procedure or condition.
Who would review your chart and obtain medical opinions? Ask. To start an Ontario claim, you don't need an affidavit or certificate of merit. The court's rules do, however, require expert reports addressing the standard of care and causation to be served.
Decide how the firm will update you. Although MacIsaac Gow LLP's reviews praise communication, some also describe concerns about delayed replies. When your lawyer isn't available, who will answer questions? Ask each firm.
Before agreeing, get written fee terms. Although the first discussion is free, that doesn't mean the firm will accept your claim or handle all the later work without charge.
If someone promises a particular result, be wary. When a firm won't clearly say who handles your file, that's another warning sign; so is pressure to sign without understanding the costs. Published malpractice results aren't listed by any of these firms. What relevant cases have they handled? Ask. If a review praises work on another kind of claim, it doesn't establish that the lawyer has experience with medical malpractice.
Questions people ask
How long do I have to start a malpractice claim in Burlington?
You generally have 2 years from discovery under Ontario's basic limitation period. You discover a claim when you know, or reasonably ought to know, that you've been injured and that something a health care provider did or failed to do contributed to the injury. You must also know that bringing a lawsuit was appropriate. Unless an exception applies, there's a 15-year ultimate period. To check your dates, speak with an Ontario lawyer.
Can I speak to a listed lawyer without paying for the first consultation?
According to all three listed firms, you can have a free consultation. Before sending a large set of records, find out what's included. If you need a detailed chart review, that may differ from an initial conversation. During that consultation, you can also ask which lawyer would handle your claim and whether the firm would consider taking it on.
Do these firms work on contingency?
MacIsaac Gow LLP and Martin & Hillyer Associates say they work on contingency. Lamont Law's terms aren't stated. With contingency, the lawyer receives a share of any recovery and no lawyer's fee if the claim fails. Case expenses are separate. Ask who pays for records and medical opinions, including when nothing is recovered.
Do I need a medical expert before starting a claim?
To start a malpractice claim in Ontario, you don't have to provide an affidavit or certificate of merit. The court's rules do, however, require expert reports addressing the standard of care and causation to be served in practice. How would the lawyer obtain those opinions, and what must the reports establish about your treatment and injury? Ask before proceeding.
How do the filing rules work for an injured child?
Until a person turns 18, the 2-year period doesn't run if they have no litigation guardian for the claim. If a claim arises while the claimant is a minor without a litigation guardian, the ultimate period of 15-year length is suspended as well. That rule is addressed in Wong v. Lui, 2023 ONCA 272. To understand what it means for your child's situation, speak with an Ontario lawyer.
How long will a medical malpractice claim take?
You won't find a supported completion time for your claim or these firms. What comes next, and what might slow things down or otherwise affect progress? Ask the lawyer. Under Ontario's court rules, expert reports addressing the standard of care and causation are required. You have the 2-year limitation period to start a claim; it doesn't set a finishing date.
What should I do if a loved one died after medical treatment?
Make a note of treatment dates. Pull together any records and hospital letters you have already. If you're considering a claim, Lamont Law and Martin & Hillyer Associates list wrongful death claims; an Ontario lawyer can explain who can bring one and which filing rules apply. The date of death alone doesn't settle the limitation period, and you shouldn't take it as proof that the treatment caused the death.
Is compensation capped in Ontario medical malpractice cases?
If losses are economic, such as lost income or future care, Ontario has no statutory cap. A judge-made national cap does apply to non-pecuniary damages, which include compensation for pain and suffering. You can't use that cap to work out an individual claim's value. To understand which losses may apply and what evidence you'd need, ask a lawyer.
Do I need a lawyer with an office in Burlington?
Although a nearby office may be convenient, you can't judge a lawyer's experience with your treatment by where they work. You'll find Martin & Hillyer Associates in Burlington. MacIsaac Gow LLP's listed Oakville office is 18 km away; Lamont Law's office is in Hamilton, 15 km away. Before choosing, ask who would actually handle your claim and how you'd meet with them.
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Jeremy Syrtash
