Best Surgical Error Lawyers in Kitchener, ON (2026)
This evidence-based 2026 list helps you compare surgical error lawyers serving Kitchener by looking at what they practise, their firm history, client reviews and published results.
Our featured firm in Kitchener is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Bergel Magence LLP has a history dating to 1972 and lists surgical error work, which sets it apart among the firms we reviewed. Find out who would handle your claim before you call, including who pays the case costs. Where would you meet them? Read the Ontario law guide to check which rules may affect your filing deadline.
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)
Best for: Established personal injury representation
Since 1972, Bergel Magence LLP has been operating. Alongside surgical errors, its site lists a broader personal injury practice; its lawyers include Hy Bergel, a former Provincial Court Deputy Judge, with Andrew Bergel, Ilan Bergel and Jeremy Magence as partners. You'll find 206 reviews on Google.
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
If your family wants to discuss a claim locally, Cohen Highley LLP has an office in Kitchener. Dating to 1974, the firm lists both surgical errors and misdiagnosis on its site. The firm also works on family law and housing matters.
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.
HIMPRO Personal Injury and Long-Term names David Himelfarb as its lawyer on its site, where it lists medical malpractice and disability insurance among its practice areas. Its office is in Kitchener for visits. Alongside surgical errors and birth injuries, its site also addresses misdiagnosis.
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 explaining what happened, include when you first connected the injury to your care. Under Ontario's 2-year discovery rule, it also matters whether you knew, or reasonably ought to have known, that a lawsuit was appropriate.
Review the medical records
Using your surgical records, the lawyer can assess the injury you describe. To examine the standard of care (the care expected) and whether a departure from it caused your injury, which medical opinions does the lawyer need?
Start the claim
To start a claim in Ontario, you don't need an affidavit or certificate of merit. You must still meet the filing deadline. If the claim concerns a child without a litigation guardian, ask about the separate rules when confirming which limitation period applies.
Serve expert reports
Under the court's rules, expert reports on the standard of care and causation must, in practice, be served. When lawyers discuss causation, they mean the connection between the care and your injury. Who will explain those opinions to you?
Address losses and resolution
How would your claim account for lost income and future care? Ontario doesn't set a statutory cap on economic losses. Ask the lawyer how these rules affect discussions about resolving your claim, bearing in mind that a judge-made national cap limits non-pecuniary damages.
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.
Contingency work is offered by several listed firms. If there's a recovery, the lawyer receives a share of it; if the claim fails, there's no legal fee. That's separate from case costs. Those costs can cover medical records and medical opinions, with court fees also included. Who pays those costs upfront, or if the claim fails, isn't clear from what the firms say about their payment arrangements. Don't sign without asking. Get a written explanation of the lawyer's share and other deductions before committing, making sure it says which expenses you'd have to pay. A free consultation doesn't mean you won't pay for the claim.
You won't pay for the consultation, each of the four listed firms says. Contingency work is also offered by three.
What to bring to your first call
Write a short timeline and include the date of surgery
Bring any operative reports or discharge instructions you already have
Name your surgeon and the other providers involved in your care
Note when you first suspected that your care had caused the injury
Gather letters from your hospital or insurer
Bring your bills and note any work missed
Bring photos or notes that show how your condition has changed
Include details of any litigation guardian if the claim concerns a child
Questions to ask a lawyer
1Have you handled surgical error claims similar to mine?
2When I have questions, who'll answer and handle my file?
3To decide whether my care caused the injury, what will you assess?
4Given my circumstances, which filing deadline applies?
5What's the calculation for your legal fee?
6If my claim fails, who pays case costs?
7When you have updates, how will I receive them?
8Where would we meet if I can't travel?
Choose around your operation and your needs
Start with the operation you're concerned about rather than judging the firm by its overall reputation. Each of the four firms lists surgical errors on its site. Ask which similar claims the lawyer has handled and how they'd assess yours, since this list doesn't include published surgical error results for any firm to compare. A general personal injury review won't answer those questions for you.
Ask directly where you'd meet. You can find Kitchener offices for Cohen Highley LLP and HIMPRO Personal Injury and Long-Term; Bergel Magence LLP's office is in North York, with Diamond and Diamond Lawyers' office in London. Ask whether you can discuss your file without an office visit if surgery makes travel difficult, including where any meetings would take place.
Use the consultation to get specific answers
Ask who'll read the operative report, including the delivery notes if they're relevant. Who can explain what those records say about you?
If you need to reach the person handling your file day to day, how would you do that? Who can you turn to when that person isn't available?
If medical opinions are needed about your care, how will the lawyer get them to assess whether it caused your injury?
Ask for fees and case costs explained in writing. If your claim doesn't succeed, who pays for records or medical opinions?
All four firms say they offer a free consultation. You can use it to ask whether the firm fits your needs without paying a consultation charge, but later work and medical reports aren't necessarily free. Bergel Magence LLP, Diamond and Diamond Lawyers and HIMPRO Personal Injury and Long-Term say they work on contingency. You'll need to confirm Cohen Highley LLP's payment arrangement.
If someone promises a result or you can't understand their explanation, be cautious about proceeding. You'll find communication concerns in reviews of these firms. Before you sign, find out how you'll get updates and ask them to explain clearly what's still uncertain. Treat this as general information, not legal advice. If the claim concerns a child, pay particular attention to whether a litigation guardian exists, because that affects the limitation rules.
Questions people ask
What should I do first if I suspect a surgical error in Kitchener?
Start by noting the surgery date and when you first suspected that the care had caused an injury. If you have records or hospital letters, gather them together. To assess your deadline, then speak with an Ontario lawyer. Because all the listed firms say they offer a free consultation, you can use that conversation to find out what other information they need.
How long do I have to start a surgical error claim?
In Ontario, the basic limitation period runs 2 years from discovery. To determine discovery, it matters when you knew, or reasonably ought to have known, about the injury and the provider's contribution to it, and whether a lawsuit was appropriate. There's also a 15-year ultimate limitation period set by the statute. When you personally suspect an error isn't necessarily when either clock starts. Have an Ontario lawyer assess how your circumstances fit.
Do I need a medical expert report before filing?
To start a claim in Ontario, you don't need an affidavit or certificate of merit. You still need to assess the standard of care and causation, though, because in practice the court's rules require expert reports on those issues to be served. For your operation, which medical opinion does the lawyer need, and who will pay for it?
Can I hire a lawyer without paying legal fees upfront?
Bergel Magence LLP, Diamond and Diamond Lawyers and HIMPRO Personal Injury and Long-Term say they offer contingency fees. Under that arrangement, the lawyer is paid a share of what is recovered and no legal fee if the claim fails. Ask separately about case costs. Cohen Highley LLP's contingency arrangement isn't confirmed here, though it says it offers a free consultation.
Are the deadlines different if my child was injured?
Yes. While the person is under 18 without a litigation guardian for the claim, the 2-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 as well. That rule is addressed in Wong v. Lui, 2023 ONCA 272. How it applies to your child needs an Ontario lawyer's assessment.
How long will a surgical error claim take?
We can't estimate the claim's length here. Ontario's filing deadline sets the time for starting a claim, not the date when you can expect it to finish. Ask what work your file needs before choosing the lawyer, including which medical opinions are needed and what could slow the claim or affect its progress. You won't find a comparable published timeline here, since these firms have no published surgical error results that you can compare.
What if my loved one died after surgery?
Bergel Magence LLP and Diamond and Diamond Lawyers both say on their sites that they handle issues involving wrongful death. That listing alone doesn't tell you whether your family has grounds to bring a claim. Take the dates and any hospital correspondence with you to the consultation. Ask an Ontario lawyer which limitation rules apply and who can bring a claim, since no wrongful death deadline has been established for your particular circumstances here.
Is compensation capped in Ontario?
Ontario doesn't set a statutory cap on economic losses, such as lost income or future care. Non-pecuniary damages work differently, though. A judge-made national cap applies to non-pecuniary damages, which cover losses such as the pain and suffering you've experienced. You can't use either rule to determine a particular claim's worth. To assess your losses, ask an Ontario lawyer what information they need and how these categories apply to your injury.
Do all the listed firms have offices in Kitchener?
No. Cohen Highley LLP and HIMPRO Personal Injury and Long-Term have Kitchener offices. Bergel Magence LLP's office is in North York; Diamond and Diamond Lawyers' office is in London. Ask where you'd meet and who would attend before you choose a firm. You'll also need to ask which lawyer would handle your claim, since the office location doesn't tell you that.
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Jeremy Syrtash
