To build this evidence-based 2026 list of birth injury lawyers serving Markham, we weighed practice focus and published results, with client reviews and professional recognition also considered.
Our featured firm in Markham is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Among the firms we reviewed, Neinstein Personal Injury Lawyers stands out. Alongside a published $14 million birth-injury result, the firm handles claims involving HIE and cerebral palsy. Before calling, find out who would take your child's case and what you'd pay. Think about the office location, too: would it suit your family? For limitation-period rules, including those affecting children, read the Ontario malpractice 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)
4.8592 Google reviewsRated 4.8 out of 5 on Google from 592 reviews
Best for: Birth injury and HIE claims
With its published $14 million birth-injury result, Neinstein Personal Injury Lawyers takes the top spot. Alongside other reported medical-negligence results involving brain injury, including $12.5 million, its site names HIE and cerebral palsy as claims the firm handles. These results are past cases.
Stood out in our review for the results it publishes and the recognition it has earned.
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
4.816 Google reviewsRated 4.8 out of 5 on Google from 16 reviews
Best for: Cerebral palsy trial claims
Paul Cahill's published $11.5 million jury verdict for a child born with cerebral palsy gives families a concrete trial result to discuss. Paul Cahill - Medical Malpractice Lawyer ranks second with a practice heavily centred on medical negligence and site content covering HIE and Erb's palsy. Cahill is listed as a partner and recognised by Best Lawyers in Canada for Medical Negligence and Personal Injury Litigation.
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
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4.9370 Google reviewsRated 4.9 out of 5 on Google from 370 reviews
Best for: Families seeking supportive communication
Clients repeatedly say in reviews of Campisi Law Injury Lawyers that they feel supported and informed. Because its 4.9 Google rating draws on 370 reviews, there's more feedback to consider than a handful of testimonials. Communication is still inconsistent for some clients.
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
4.8300 Google reviewsRated 4.8 out of 5 on Google from 300 reviews
Best for: Families seeking established litigation counsel
Since its founding in 1935, Thomson Rogers LLP has built a long operating history. In Denman v. Radovanovic, 2024 ONCA 276, the Court of Appeal upheld a medical-malpractice success that the firm's site reports. Although that gives you a specific litigation result, the site doesn't identify it as a birth-injury case.
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
Where they are in Markham
What clients say about these Markham lawyers
Google reviews of the firms on our lists, quoted as their clients wrote them and linked to where they were posted. We don't write, edit or pick reviews for pay.
AF
Ashley F.
October 2026 · Markham, Ontario
“A M A Z I N G injury law firm!! Seriously, I was so discouraged on the outcome of my case but they just kept motivating me to persevere. The amount of support, dedication and encouragement I recieved from the team throughout the process truly made me feel seen and cared for; like I was family and they wouldn't rest...”
“⭐⭐⭐⭐⭐
I cannot recommend Jennifer Ilton and Yoni Silberman of Bogoroch & Associates LLP highly enough.
After our serious motor vehicle collision on Highway 400 North in November 2023, they stood by us every step of the way. They fought diligently to protect our insurance rights while also providing something just...”
“I am grateful for the help I received from the Iacobelli Law firm. Being self-employed there was definite financial fallout from my injury, but I was also reluctant to pursue the litigation process. Colton, the lawyer assigned to my case, explained the process well and put me at ease. His estimated timelines...”
The lawyer reviews what happened, then checks when you discovered a possible claim. Once you discover the claim, Ontario's basic limitation period gives you 2 years. That period doesn't always start on the date you delivered. Ask an Ontario lawyer how your family's claim falls under that rule.
Records and medical review
Using the chart and delivery notes, a lawyer assesses the care your child received and the injury. Expert reports assess care against the standard of care (the care expected). They also ask whether a provider's act or omission caused or contributed to the injury, which is causation.
Starting the claim
If you're claiming against doctors or nurses, or a hospital, Ontario doesn't require you to give pre-suit notice. You can also start without providing an affidavit or certificate of merit. Ask the lawyer to check your child's limitation period, taking into account whether the child has a litigation guardian.
Preparing the medical evidence
Starting the claim doesn't end the medical review. As the claim proceeds, you'll need to serve expert reports on the standard of care and causation, as the court's rules require. Who'll arrange to get those reports? Ask the lawyer who pays for the reports, and get that explained.
Seeking a resolution
A court may decide the claim if you can't reach an agreement. How would the lawyer work out future care costs and other losses? Ontario doesn't set a statutory cap on economic losses. Judges have set a national cap that limits non-pecuniary damages.
Malpractice claims in Markham: 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.
Five firms on this list say their fee comes from any recovery (contingency), so you won't owe legal fees if your claim fails. Check what else you might owe. Records and medical opinions count as separate case expenses, as do court fees. Ask whether the firm pays those expenses while your claim goes ahead, and when you'd have to repay them, before you sign the agreement. What if nothing is recovered? How would they work out their share? If you might still owe expenses, have the lawyer explain those and the fee agreement in plain language.
Seven of the eight firms say you can consult them free. Five say their fees depend on recovery (contingency).
What to bring to your first call
If you have them, bring the medical chart and delivery notes
Note when treatment happened and when you first learned what may have caused the injury
Write down which hospitals were involved and name the doctors and nurses
Write a short timeline; mark any gaps instead of guessing
Bring bills and receipts that relate to the injury's care
Bring any letters the hospital or insurer sent you
If photos could help explain the injury, bring those along too
Bring any reports or medical opinions you received
Questions to ask a lawyer
1Which of your birth-injury claims involved care like ours?
2If we call, who answers, and who works on our file?
3How would you find the deadline for our own claim while checking our child's limitation period?
4How do you calculate your contingency fee?
5Who covers records and medical reports while the claim is going ahead?
6What expenses would fall to us if the claim fails?
7If the care caused or contributed to the injury, how would you assess that?
8When decisions are needed, how will you keep us up to date?
Choosing a birth injury lawyer in Markham
First, find out which lawyer would actually handle your claim. That isn't answered by the firm's name alone. Because every office listed is outside Markham, ask whether you can meet remotely and where you'd need to go for an in-person appointment. When you first speak, find out whether the lawyer handles claims involving your child's injury, even if a closer office seems more convenient for your family.
Use the first conversation to check the fit
1
Ask about comparable work
After describing your child's injury, ask about similar birth-injury files. If HIE or cerebral palsy is involved, find out who would review the delivery notes, including whether the care caused or contributed to the injury. You can't learn that from a published accident result.
2
Identify the person responsible
Before proceeding, find out who'll lead the file, including who'll answer your day-to-day questions. Communication reviews are mixed for several firms. When agreeing on how you'll get updates, ask what would happen if another lawyer took over your claim.
3
Clarify the costs
Before taking up a free consultation, find out what the firm includes in it. For later record review, ask whether you'll have to pay. If you're considering a contingency arrangement, ask how the fee is calculated, including when you'd pay it; also find out who pays for expert reports. Before signing, get the firm's proposed terms down in writing.
There's also an ultimate limitation period of 15 years. As addressed in Wong v. Lui, 2023 ONCA 272, that period is also suspended if the claim arises while the claimant is a minor without a litigation guardian. When working out a filing date, don't rely on your child's birthday or the delivery date yourself. Have the lawyer assess which dates matter to the claim.
If someone promises a result, be wary. Although Neinstein's published $14 million birth-injury result and Paul Cahill's $11.5 million jury verdict are available to discuss, they're past cases. What another family will recover isn't answered by either.
If medical review isn't clear, ask the lawyer to explain. To start a claim in Ontario, you don't need an affidavit or certificate of merit. Under the court's rules, though, expert reports must be served that address standard of care and causation.
If fees are unclear or communication worries you, don't delay asking questions. Before retaining the firm, ask it to clear those concerns up.
This isn't legal advice, just general information. When you speak with an Ontario lawyer, bring your concerns about the delivery and any records you already have so they can explain how the rules apply.
Questions people ask
Do I need a lawyer with an office in Markham?
If you choose an office from this list, it'll be outside Markham, in Toronto or North York, Woodbridge or Richmond Hill. With Iacobelli Law Firm's Richmond Hill office 10 km away, the other nearby option is Diamond & Diamond Lawyers LLP's North York office, 12 km away. Before arranging an appointment, ask where you'd meet, including whether remote meetings are available. Find out, too, which lawyer would take your birth-injury claim.
How long do we have to start an Ontario birth-injury claim?
Once a claim is discovered, Ontario generally allows two years to start it. The delivery date isn't automatically when that period starts. While the claimant is under 18 and has no litigation guardian for the claim, the period doesn't run; for claims arising in those circumstances, the 15-year ultimate period is suspended too. To understand how the rules affect your family, have an Ontario lawyer review the dates that matter to your claim.
Which firms publish birth-injury results?
Among the results Neinstein Personal Injury Lawyers publishes is $14 million for medical negligence that resulted in birth injury. For a child born with cerebral palsy, Paul Cahill - Medical Malpractice Lawyer publishes a jury verdict of $11.5 million. Rather than birth injury, the other listed results involve broader injury or medical-malpractice work. When discussing each case, ask what happened, including how it relates to your child's circumstances. You can't predict a future recovery from past amounts.
Do we need a medical report before starting a claim?
To start a medical-malpractice claim in Ontario, you don't need to have an affidavit or certificate of merit. Under the court's rules, though, you must in practice serve expert reports that address standard of care and causation. Before proceeding, ask how the lawyer would arrange medical review, including who would pay. For your particular claim, an Ontario lawyer can explain what's needed.
Are birth-injury damages capped in Ontario?
For economic losses, such as lost income or future care, Ontario doesn't set a statutory cap. Nationally, non-pecuniary damages are limited by the judge-made trilogy cap. An individual claim's worth can't be determined from either rule. To understand which categories of damages could apply to your child, ask an Ontario lawyer. A firm's published result isn't an estimate you should use.
Can we get a free consultation or use contingency fees?
Free consultations and contingency fees appear in the listings for Neinstein Personal Injury Lawyers and Campisi Law Injury Lawyers. Those options are also listed by Bergel Magence LLP ⚖️ Personal Injury Lawyers, Bogoroch & Associates LLP and Diamond & Diamond Lawyers LLP. For Thomson Rogers LLP and Iacobelli Law Firm, the listings include free consultations. When checking terms directly, find out about any charges for medical records or expert reports. For consultation costs and fees, ask Paul Cahill - Medical Malpractice Lawyer directly.
Do we have to notify the hospital before starting a lawsuit?
Ontario requires no pre-suit notice when you're suing a hospital or a doctor or nurse for malpractice. You can start the claim without giving notice to them in advance. That doesn't change the filing deadline. Given your family's dates and circumstances, ask an Ontario lawyer to explain how the limitation rules apply to the claim.
What do the medical expert reports need to address?
When pursuing an Ontario malpractice claim, you'll need expert reports on the standard of care and causation, served under the court's rules. The care expected is called the standard of care. Reports address causation by asking whether the provider's act or omission caused or contributed to injury. Ask how those reports would deal with your child's care, and have the lawyer explain what they'd address.
Could we owe case expenses even if the lawyer charges no fee?
Case expenses aren't part of the contingency fee. Five firms on this list describe their fee arrangement as contingency. If the claim fails, that doesn't show who pays for the chart or medical opinions, nor who covers court fees. Before you sign, get the lawyer to explain the expenses you might have to repay and show you the terms that cover them.
How should we use the Google ratings when comparing these firms?
When checking the rating, look at the review count too. Paul Cahill's 4.8 rating comes from 16 reviews, while Neinstein's same rating comes from 592 reviews. You can't tell from either figure how the firm would handle your child's claim. When you first talk, ask who would communicate with your family and what birth-injury work the lawyer has done.
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Jeremy Syrtash
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