Our featured firm in Kitchener is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Because Howie, Sacks & Henry focuses on birth injuries, including HIE and cerebral palsy, it stands out among the firms we reviewed. You'll also find its office in Kitchener. Before calling, find out who would handle your child's claim and who pays the costs of the case. Also ask when Ontario's limitation rules apply.
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)
Howie, Sacks & Henry's site identifies birth injury, HIE and cerebral palsy among the claims it handles. It has an office in Kitchener. Founded in 2000, the firm lists medical malpractice alongside broader personal injury work, and its recognitions include Lexpert and Best Lawyers.
Stood out in our review for the recognition it has earned and its years of experience.
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 a long-established firm
Since its founding in 1972, Bergel Magence LLP has built a long operating history. Within its broader personal injury practice, the firm's site lists claims involving birth injury and cerebral palsy. Before practising here, Hy Bergel served as a Provincial Court Deputy Judge.
Stood out in our review for its years of experience and how much of its work is medical malpractice.
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 Kitchener can look at it with you, and it costs nothing.
Best for: Families seeking Spanish-language service
Spanish is listed among Giffen LLP's languages, making language access a useful point to confirm at intake. The firm has an office in Waterloo, 9 km from Kitchener. Founded in 1981, it lists medical malpractice and litigation among its practice areas, with birth injury and cerebral palsy identified on its site.
Stood out in our review for its years of experience and how much of its work is medical malpractice.
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
Erb's palsy is one of the birth injury subjects identified on HIMPRO Personal Injury and Long-Term's site. The firm has a Kitchener office and handles medical malpractice alongside personal injury and disability insurance matters. David Himelfarb is a named lawyer, and one client describes his help in making an overwhelming process easier to understand.
Stood out in our review for the recognition it has earned and how much of its work is medical malpractice.
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 describing the injury, say when you learned that care might have contributed to it. Because Ontario's basic limitation period is two years from discovery, have an Ontario lawyer assess that date and the rules that may affect your child's claim.
Records and medical review
Before gathering the delivery notes and other medical records, discuss them with the lawyer. To address the standard of care and causation, expert reports examine whether care fell short and whether that contributed to the injury.
Starting the claim
If the lawyer takes the case forward, find out how to start the claim within the limitation period that applies. To start at this stage in Ontario, you don't need an affidavit or certificate of merit. Even so, you'll still need expert reports for the claim.
Serving expert reports
Under the court's rules, you must serve expert reports addressing the standard of care and causation. When discussing those opinions, ask the lawyer what they support and what remains uncertain. Ask, too, whether you'll need any further records.
Resolution and damages
To understand how the claim could end, discuss settlement talks or a court decision. If losses are economic, such as future care, Ontario has no statutory cap. For non-pecuniary damages, including pain and suffering, a national judge-made cap limits what's available.
Malpractice claims in Kitchener: 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 three firms on this list, they work on contingency. If there's a recovery, the lawyer receives a share; if the claim fails, they receive no legal fee. You'll need to discuss case costs separately, since records and medical opinions can cost money, as can court fees. You'll need more than the firms' stated fee offerings to establish who pays those costs. If the firm advances them, ask when you might have to pay the money back. Before signing, ask for a written explanation of the share the lawyer receives and any expenses you'll have to pay if there's no recovery.
According to all four listed firms, you can consult them for free. You'll also find three saying they work on contingency.
What to bring to your first call
Delivery notes or medical records, if you already have any
Dates when delivery, diagnosis and any later treatment took place
Names of the health care providers who were involved
What happened, written as a brief timeline
Letters or emails, if any, from the hospital or insurer
Bills and receipts showing what you've spent on care
Medical opinions about your child's injury, if you've received any
If a litigation guardian has been appointed, documents concerning that guardian
Questions to ask a lawyer
1When handling birth injury claims, how many have involved this medical issue?
2Who will take responsibility as the lawyer handling my child's file?
3If my child and I each have a claim, which limitation period applies to each?
4To review this, which medical records and expert opinions would you need?
5Would you take the case on contingency? How is your share calculated?
6If the claim fails or ends otherwise, who pays the case expenses?
7When we have questions, how will you answer and keep us updated?
8If you turned down the case, what concerns might explain why?
Choosing a birth injury lawyer in Kitchener
Start by checking whether the lawyer's work fits the injury your child suffered. Alongside other claims, each firm's site identifies birth injury as work it handles. If your child has cerebral palsy or Erb's palsy, ask about cases involving that same medical issue. To learn who would actually read the delivery notes, you'll need more than the practice-area label.
Use the first conversation to check the fit
1
Describe what happened
Before you call, have the delivery date and a short account of your concerns ready. When you tell the lawyer when you first learned that care might have contributed to the injury, ask what records they'll need to decide whether to investigate.
2
Identify the person responsible
Before choosing, ask who would handle the claim and call you back. If you need Spanish-language service, Giffen LLP lists Spanish, though you'll need to confirm who provides it. If you're considering the Oakville or Waterloo offices, ask how you'd meet and share documents.
3
Discuss medical review
To start a claim in Ontario, you don't need an affidavit or certificate of merit. Under the court's rules, though, you must still serve expert reports on the standard of care and causation. Before proceeding, ask how the lawyer would get those opinions and explain what they say.
If the firm offers a free consultation, you can discuss whether it may take your case. You'll still need to settle the terms of representation afterward. If a lawyer works on contingency, they receive a share of a recovery but no legal fee when the claim fails. Discuss expenses for the case separately. Before proceeding, ask who pays for records and whether you'd still have to pay expenses if the claim doesn't succeed.
Ask for written fee terms. If the explanation of expenses isn't clear, ask again before you sign.
If someone promises a result, be wary. You can't assess published birth injury results here because none of these firms has provided them.
When reading praise, read the criticism too. If response times or billing concerns matter to your family, ask about them directly.
After each conversation, write down notes. Don't treat this general information as legal advice. To understand which rules apply, have an Ontario lawyer assess your dates.
Questions people ask
What should I do first if I suspect a birth injury caused by medical care?
When you write down what happened, include when you first became concerned about the care. If you have delivery notes or hospital letters, keep hold of them. To find out which records you'll need, ask an Ontario lawyer to review those dates. Before making that first call, you don't have to work out on your own whether the care your child received was negligent.
What is the deadline for starting a birth injury claim in Ontario?
Under Ontario's Limitations Act, 2002, the basic period runs for two years from discovery. You discover a claim when you know, or reasonably should know, about the injury and the provider's contribution, including knowing whether a lawsuit is appropriate. There's also an ultimate period of 15-year duration. Because rules for minors can suspend these periods, have an Ontario lawyer assess the dates that matter to your family.
Does the limitation period run while my child is under 18?
If the claimant is under 18 and has no litigation guardian for the claim, the two-year clock 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. You'll find that rule addressed in Wong v. Lui, 2023 ONCA 272. To understand your child's deadline, ask an Ontario lawyer how having a litigation guardian affects it.
Do I need a medical expert's certificate before starting a claim?
To start a medical malpractice claim in Ontario, you don't have to provide an affidavit or certificate of merit. You'll still need expert reports, though. Under the court's rules, you must serve reports on the standard of care and causation, addressing whether care fell short and whether that contributed to the injury. Before proceeding, ask how the lawyer would arrange the medical review and who would pay for it.
Can I speak to a lawyer without paying for the first consultation?
According to all four firms on this list, you can consult them for free. Before choosing, ask who would review your child's file and whether the firm handles claims like yours. You'll still need to establish fees for work after that conversation. When you get the representation terms in writing, check who pays for medical opinions and the other expenses of the case.
Which listed firms say they work on contingency?
Along with HIMPRO Personal Injury and Long-Term, Howie, Sacks & Henry and Bergel Magence LLP say they offer contingency fees. You'll need to confirm Giffen LLP's arrangement. If the lawyer works on contingency, they receive a share of a recovery but no legal fee when the claim fails. Because expenses are separate, ask whether you'll have to pay them even if the claim brings no recovery.
How long will a birth injury claim take?
When asking how long it could take, request an assessment using your child's records and the medical opinions the claim needs. Under Ontario's court rules, you must serve expert reports on the standard of care and causation. If that work faces delays, discuss what might cause them and how the firm would update you. Don't treat an estimated completion date as a promise.
Are damages for birth injuries capped in Ontario?
If losses are economic, such as lost income or future care, Ontario has no statutory cap. For non-pecuniary damages, including pain and suffering, a national judge-made cap called the trilogy cap limits the amount available. To understand what a particular claim is worth, you'll need more than those rules. When you speak with an Ontario lawyer, ask which losses may apply and what evidence you'd need to back them up.
Do I have to choose a lawyer with an office in Kitchener?
You'll find firms located in Kitchener and nearby on this list. For Kitchener offices, the list includes Howie, Sacks & Henry and HIMPRO Personal Injury and Long-Term. You'll find Giffen LLP in Waterloo, 9 km away, while Bergel Magence LLP's office is in Oakville, 25 km away. Before deciding how much the office location matters to you, ask who would handle your file and how you'd meet with the firm.
Can I contact one of these firms if my child died?
To find out whether a claim may be available, you can ask a firm to review what happened. If you're considering Howie, Sacks & Henry or Bergel Magence LLP, both list wrongful death among the matters they handle. When you speak with the firm, bring the relevant dates and any medical records you have. To learn who may bring a claim and which limitation rules apply, speak with an Ontario lawyer. The rules for a living child's claim aren't something you should assume will apply here.
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Jeremy Syrtash
