Best Medical Malpractice Lawyers in Clarington, ON (2026)
To build our evidence-based 2026 list of medical malpractice lawyers serving Clarington, we looked at practice focus alongside client reviews and firm history.
Our featured firm in Clarington is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Among the firms we reviewed, Kelly Greenway Bruce stands out for a history dating to 1956, with reviewers noting clear explanations and compassionate service. Before calling the firm, find out who handles medical negligence files. If they've handled an injury like yours, ask how they charge for that work. Our Ontario guide explains the claim rules, but all three listed offices are outside Clarington, in Oshawa.
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)
With a history dating to 1956, Kelly Greenway Bruce has been around longest among the documented firms here. Clients praise the way it explains the process and keeps them informed in its 138 Google reviews. Callbacks are slow, some say.
Stood out in our review for its years of experience 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: Families seeking clear litigation guidance
“Everything was explained well. No surprises,” one Simeson Law LLP reviewer writes. When you're trying to understand a possible claim, clear explanations and caring support matter, and other clients describe getting both from this firm.
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
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Clarington can look at it with you, and it costs nothing.
Best for: Patients seeking an explicit malpractice practice
Because Avanessy Giordano LLP expressly lists medical malpractice as an area it handles, patients have a clearer starting point for questions about a medical negligence claim. Beyond those claims, it handles real estate and other injury matters. The lawyers named are Michael Giordano and Aline Avanessy.
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 explain what happened, include when you learned the injury might be connected to care. To assess your deadline, the lawyer considers Ontario's two-year discovery rule and 15-year ultimate limitation period. Tell the lawyer immediately if the injured person is a child.
Records and medical assessment
To examine the treatment and injury, the lawyer works from the medical chart. Before proceeding, ask how they'll get medical opinions. Alongside the standard of care (the care expected), the claim needs attention to causation: whether the failure caused the injury.
Starting the claim
To set out your lawsuit, you use a statement of claim. Although Ontario doesn't require an affidavit or certificate of merit to start it, you still need to meet the filing deadline. Before the medical review, ask how its timing will fit that deadline.
Expert reports and case preparation
Under the court's rules, you must serve expert reports that address the standard of care and causation. Before they're prepared, ask who's doing them and what you'll pay. To understand what happens next, ask your lawyer how those reports affect the claim.
Resolution and damages
Before accepting a proposed resolution, ask what's left after fees and case costs. If you've lost income or need future care, Ontario has no statutory cap on those economic losses. Pain and suffering fall within non-pecuniary damages, which a judge-made national cap does limit.
Malpractice claims in Clarington: 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.
Kelly Greenway Bruce and Avanessy Giordano LLP say they offer contingency fees. The lawyer receives a share of what's recovered, with no lawyer's fee if the claim fails. Simeson Law LLP's contingency position isn't stated. Case costs are separate: they include expenses for medical records and opinions, as well as court fees. Neither who advances those costs nor who pays them after an unsuccessful claim is stated for these firms. Get that explanation in writing before you sign. All three list free consultations, but ask what the appointment covers and whether any charge could follow.
If you're booking a consultation, all three listed firms say it's free. Contingency work is also offered, two of them say.
What to bring to your first call
Any medical records already in your hands, including treatment or delivery notes
When treatment happened, along with when you first suspected the injury was connected to care
Who was involved in providing the health care
What happened, written as a brief timeline
Details of lost income or care expenses, with bills
Letters from a hospital or insurer that you have
If you have photos connected to the injury, those photos
The child's age, if it's a child's claim, with details of any litigation guardian
Questions to ask a lawyer
1When care like mine was involved, how many medical negligence claims have you handled?
2When you take my file, who's going to read my records?
3When might I reach my limitation deadline?
4If my claim needs medical opinions, how will you obtain them?
5If the consultation is free, what does it cover?
6If money is recovered, how do you work out your fee?
7If the claim succeeds or fails, who's responsible for case costs?
8When I call, how will you respond and keep me updated?
Choose a lawyer for the claim you have
When you start looking, focus on your injury and treatment. Unlike Kelly Greenway Bruce and Simeson Law LLP, which list personal injury and wrongful death within broader practices, Avanessy Giordano LLP expressly lists medical malpractice. You can't tell how many medical negligence files a lawyer has handled just from a practice-area description. Before hiring, find out who's going to assess your medical chart and whether they've handled claims about care like yours.
You won't find published malpractice results listed here for any of these firms. Something's missing there. Without asking for another client's private information, have the lawyer describe work they've done that's relevant to your injury. Even if a firm has a long history or a positive review about another legal matter, that doesn't show whether its team fits your claim.
Put the deadline ahead of the paperwork
Alongside that deadline, Ontario has a 15-year ultimate limitation period. When a child has no litigation guardian (the person acting for the child in the lawsuit), special rules apply to their claim. When you speak to the lawyer, give the child's age and explain whether someone has already taken that role. Rather than calculating the dates yourself, ask the lawyer to assess them.
Clarify the working relationship
Before hiring, ask who's going to work on your file and send you updates. Although reviews praise communication, some mention callbacks or missed deadlines as concerns.
Before booking your first consultation, check that it's free. Although all three firms list free consultations, a review of Simeson Law LLP raises a fee concern.
Get the contingency terms in writing. Kelly Greenway Bruce and Avanessy Giordano LLP say they offer contingency fees; Simeson Law LLP's position isn't stated.
Don't confuse case costs with the lawyer's fee. If the claim fails, what could you owe, and who pays for the records and medical opinions along the way?
Before booking, ask about meetings. Since every listed office is in Oshawa, find out if you'll have to travel there from Clarington.
If someone promises an outcome, be wary. Someone who won't explain costs, or claims favourable reviews prove your case, also gives you reason for caution. You can start proceedings in Ontario without a certificate of merit. Because expert reports on the standard of care and causation must still be served under the court's rules, ask how the lawyer would get those opinions. Don't treat this general information as legal advice.
Questions people ask
How long do I have to start a malpractice claim in Clarington?
Once you discover a claim, Ontario generally gives you two years to start it. You discover it when you know, or reasonably should know, that you were injured, that a provider's act or omission contributed, and that a lawsuit was appropriate. There's also an ultimate limitation period of 15-year duration. To find out which dates matter in your situation, ask an Ontario lawyer to assess them.
Are the listed lawyers based in Clarington?
Although they're listed for Clarington, every office is in Oshawa. While Kelly Greenway Bruce and Simeson Law LLP are listed as 14 km from Clarington, Avanessy Giordano LLP is listed as 17 km away. Before you book, find out where the appointment will happen and if you'll need to be there in person. A firm can serve Clarington without having an office within the municipality.
Can I speak to a lawyer without paying for the first consultation?
All three firms say they offer a free consultation. Confirm that it applies to your medical negligence matter and ask what the meeting covers. Simeson Law LLP's reviews include a concern about a consultation fee, despite its listed free-consultation offering. Clarifying the terms before the appointment can help you avoid uncertainty about a charge.
Will I owe anything if a contingency claim fails?
If your contingency claim fails, there's no lawyer's fee; if there's a recovery, the lawyer receives a share of it. Costs remain separate, though. Although Kelly Greenway Bruce and Avanessy Giordano LLP list contingency fees, they don't state how they handle case costs. Before agreeing, ask whether an unsuccessful claim could leave you owing money for records and medical opinions, or for court fees.
Do I need a medical expert before starting a lawsuit?
To start a medical malpractice claim in Ontario, you don't need an affidavit or certificate of merit. Because expert reports addressing the standard of care and causation must be served under the court's rules in practice, you'll still need medical support. Before filing, ask when the lawyer would get a medical opinion and whether that timing fits your filing deadline. Even without a certificate at the start, you'll still need those opinions.
Does the same deadline apply to a child's injury?
While the injured person is under 18 and has no litigation guardian for the claim, Ontario's two-year period doesn't run. If a claim arises while the claimant is a minor without a litigation guardian, the 15-year ultimate period is suspended too. That rule is addressed in Wong v. Lui, 2023 ONCA 272. To understand what happens to the clock in your child's circumstances, ask a lawyer.
What should I do if a loved one died after medical care?
When you speak to the lawyer, explain that someone died and describe the treatment timeline. Wrongful death is listed by all three firms. Since none has published malpractice results listed, ask what work they've done on deaths connected to medical care instead of relying on the practice-area label. To find out who may bring a claim and how the limitation rules apply, speak with an Ontario lawyer.
How long will a medical malpractice claim take?
You won't find a claim-duration estimate for these firms here, nor do the Ontario rules described on this page provide one. Before proceeding, ask the lawyer how they'll keep you updated and which steps your file needs, including records review and expert reports. Although the two-year limitation period gives you a deadline to start the claim, it doesn't tell you when the claim will finish.
Is there a limit on malpractice damages in Ontario?
If you've lost income or need future care, Ontario has no statutory cap on those economic losses. Pain and suffering are among the non-pecuniary damages limited by a judge-made national cap known as the trilogy cap. You can't work out your claim's worth from those rules alone. To understand which losses may apply to your claim, ask a lawyer what support you'd need for each.
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Jeremy Syrtash
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