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Malpractice Center

Best HIE Lawyers in Markham, ON (2026)

For this evidence-based 2026 list of HIE lawyers serving Markham, we reviewed what their practices cover and their published results, alongside client feedback.

Sources checked

4 lawyers and firms

Markham Village Heritage Conservation District in Markham, Ontario
Photo: Mhsheikholeslami, CC BY-SA 4.0, via Wikimedia Commons

The short answer

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 for its HIE focus and the birth-injury and brain-injury results it publishes. Ask who would handle your child's file before you call, and find out how the firm pays case costs. You'll need to discuss the application of Ontario's limitation rules, too.

At a glance

  1. 1Diamond & Diamond Lawyers LLPJeremy SyrtashFeatured
  2. 2Neinstein Personal Injury LawyersFree consultation4.8 out of 5
  3. 3Paul Cahill4.8 out of 5
  4. 4Bogoroch & Associates LLPFree consultation4.9 out of 5

Best HIE Lawyers in Markham

  1. Featured
  2. Neinstein Personal Injury Lawyers logo2

    Neinstein Personal Injury Lawyers

    Google4.8(593): rated 4.8 out of 5 from 593 Google reviewsLeave a review

    Best for: Families weighing published birth-injury results

    Alongside several brain-injury results, Neinstein Personal Injury Lawyers publishes a $14 million result in a medical-negligence case involving birth injury. You'll also find HIE and cerebral palsy pages on its site. Although those results and pages support the firm's place in this ranking, they don't predict what another family could recover.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

  3. Paul Cahill logo3

    Paul Cahill

    Google4.8(16): rated 4.8 out of 5 from 16 Google reviewsLeave a review

    Best for: Families seeking birth-injury trial experience

    In a birth-injury case involving a child with cerebral palsy, Paul Cahill's published results show an $11.5 million jury verdict. If you're asking about his work on similar claims, that verdict gives you something concrete to discuss. His site covers HIE alongside other birth injuries, and medical negligence makes up a large share of his practice.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

  4. Not sure who to call first?

    Tell us what happened. A malpractice lawyer who serves Markham can look at it with you, and it costs nothing.

  5. Bogoroch & Associates LLP logo4

    Bogoroch & Associates LLP

    Google4.9(210): rated 4.9 out of 5 from 210 Google reviewsLeave a review

    Best for: Families prioritising communication and support

    Of Bogoroch & Associates LLP, one client says, “They always returned my calls and emails quickly,”. When other clients describe updates, they also mention patient explanations. One says a follow-up was missed.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

See every malpractice firm in Markham

Where they are in Markham

A few minutes that might help

Questions about your own case?
How a malpractice claim usually moves in Ontario

  1. 1.Something went wrong

    Write down dates and names while they're fresh.

  2. 2.Get your records

    Ask for your full chart and test results.

  3. 3.Free case review

    A lawyer looks at what happened, free.

  4. 4.Medical opinion

    A doctor checks whether the care fell short.

  5. 5.Start the claim in time

    Your lawyer starts the claim before the deadline.

  6. 6.Settlement or trial

    Many claims settle. Some go to a judge or jury.

Your deadline: 2 years from when you found outRead the Ontario law guide

Each step in more detail

  1. First discussion

    When you speak to the lawyer, explain what happened and when you learned of the injury and its possible connection to the care received. In assessing Ontario's discovery-based 2-year limitation period, the lawyer should check whether the rules for a child apply.

  2. Records and medical review

    After reviewing the medical records, the lawyer considers whether expert opinions support bringing a claim. To address the standard of care, they consider what care was expected in the circumstances. They also consider causation: did the care cause or contribute to the injury?

  3. Starting the claim

    The claim must start within the applicable limitation period if the lawyer takes your case forward. You can begin in Ontario without an affidavit or certificate of merit. When assessing a child's deadline separately, the lawyer must consider whether the child has a litigation guardian.

  4. Expert reports and losses

    To meet the court's rules, expert reports addressing the standard of care and causation must be served. If you're seeking future care losses, those need support, as do the other losses claimed. Economic losses aren't subject to a statutory cap in Ontario.

  5. Resolution or trial

    If the case doesn't end in an agreement, it may go to trial. Although this list's published verdicts show birth-injury claims can reach a jury, they don't tell you how another family's case will turn out. Before the next step, ask your lawyer what remains disputed and what happens next.

Malpractice claims in Markham: the rules that matter

The filing deadline in Ontario
  1. The clock startsWhen you found out, or should have
  2. Time to start a claim2 yearsMiss it and the claim is usually lost.
  3. 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.

Read the Ontario law guideWork out your own deadline

Basic limitation period in Ontario
2 years
Source
Ultimate limitation period
15 years
Source

What a malpractice lawyer costs in Markham

  1. The first callOften free. Ask before you book.
  2. A written agreementThe share the lawyer takes, set out before work starts.
  3. If you recover moneyThe agreed share and the case costs come out of it.
  4. If the claim failsNo legal fee on a contingency agreement. Ask about costs.
Contingency fees are an available payment option for families considering these firms. Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP both offer them: the lawyer receives a share of what's recovered, with no lawyer's fee if the claim fails. Case costs are separate. They include records and medical opinions, as well as court fees. The firms' fee information doesn't establish who advances those expenses or who pays them in the end. Before signing, ask for the fee calculation in writing. Find out who carries case costs while the claim proceeds and what you could owe if there's no recovery. Confirm Paul Cahill's terms directly.

According to two of the three firms listed here, you can get a free consultation and arrange contingency fees.

What to bring to your first call

  • Your child's medical records, with any delivery notes you have included
  • When the birth and treatment happened, along with the later diagnosis date
  • Who was involved in providing the health care
  • What happened, written as a brief timeline
  • Letters or emails you've received from the hospital or an insurer
  • Injury-related bills and receipts you have
  • What care is currently needed and what it costs
  • Documents you have about a litigation guardian or an existing claim

Questions to ask a lawyer

  1. 1Have you handled HIE or birth-injury claims where the circumstances were like my child's?
  2. 2If we have routine questions, who answers, and who leads our file?
  3. 3When you assess our child's care, how will you check whether it caused or contributed to the injury?
  4. 4If we have claims ourselves, which limitation period applies to those and to our child's claim?
  5. 5How is your fee calculated, and is there a charge for the consultation?
  6. 6If the claim fails, what might we owe, and who advances the case expenses?
  7. 7When there's little progress to report, how will you keep us updated?
  8. 8If we meet with you, must we travel from Markham?

Choose the lawyer who can explain your child's claim

Before looking at general injury advertising, check the firm's HIE work. Although each listed firm addresses HIE on its site, they don't have the same practices. Medical negligence makes up a larger share of Paul Cahill's practice. If you look at Neinstein Personal Injury Lawyers' several substantial published malpractice results, ask what those cases have in common with your child's situation. Just because a result concerns birth injury doesn't mean your claim raises the same medical issues.

Make time to talk about staying in touch. Although these firms' reviews often praise updates and clear explanations, some clients say contact was missed. Who'll answer your routine questions? If that person is away, find out who steps in; if you need another language, check that whoever handles your file can use it to communicate with you.

Ask for a plan, not a prediction

  • To assess your child's care, what records does the lawyer need? Ask whether you should request them yourself.
  • When the firm seeks expert opinions on the standard of care, ask how it addresses whether a provider's actions caused or contributed to the injury.
  • Who will lead your file? Don't assume the partner named on the website will be your day-to-day contact.
  • How will you meet the lawyer? Because all the listed offices are outside Markham, ask whether you must travel.

Free consultations and contingency fees are offered, according to Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP. During the consultation, you can discuss whether the firm can take your claim. That doesn't mean it promises to represent you. If you agree to a contingency fee, the lawyer takes a share of a recovery; case expenses still need a separate explanation. If the claim fails, what happens to those expenses, and who advances them?

If someone hasn't reviewed the records but predicts a recovery, or leaves your fee questions unanswered, be wary. You can start an Ontario claim without a certificate of merit. Although expert reports are still needed in practice, the lawyer should explain the work involved in words you can understand. Don't treat this general information as legal advice.

Questions people ask

What should I do before calling an HIE lawyer in Markham?
As you write a short timeline, gather the medical records you have, especially delivery notes and records relating to the diagnosis. What else does the firm need from you? Because Ontario's limitation period depends on discovery, explain when you first learned that the care might have contributed to the injury. If your records aren't complete yet, you can still seek advice.
How long do I have to start an HIE claim in Ontario?
Once discovery occurs, the basic limitation period runs for 2 years. For discovery, you must know, or reasonably be expected to know, about the injury and the provider's possible contribution to it, as well as that a lawsuit was appropriate. Ontario also has a 15-year ultimate limitation period, although there are exceptions. You can find the rules in the Limitations Act, 2002. Ask an Ontario lawyer to assess your dates.
Does the same deadline apply to my child's claim?
It might not. While the claimant is under 18 without a litigation guardian for the claim, the 2-year period doesn't run. If the claim arises while the claimant is a minor without a litigation guardian, the 15-year ultimate period is suspended too; Wong v. Lui, 2023 ONCA 272 addresses this. Don't work out the deadline alone. To understand how these rules affect your child, ask a lawyer.
Do I need a medical certificate before starting a claim?
In Ontario, you can start a medical malpractice claim without an affidavit or certificate of merit. You'll still need medical support. To comply with the court's rules in practice, expert reports on the standard of care and causation must be served. Before those opinions are obtained, ask how the lawyer will get them and who pays.
Can I speak to a lawyer without paying for the first meeting?
Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP say they offer free consultations. When you book, confirm the arrangement and what the meeting covers. Check Paul Cahill's consultation terms directly. A free meeting doesn't mean the firm has agreed to take your case, nor does it settle who will pay later case expenses.
What does a contingency fee mean for our family?
If you use a contingency arrangement, the lawyer takes a share of what's recovered. There's no lawyer's fee when the claim fails. Although Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP say they work on contingency, you must address expenses such as medical opinions separately. If the outcome changes, what could you owe? Before you sign the written agreement, have the firm explain it.
How long does an HIE claim take?
We can't reliably say here how long your family's claim will take. How much work is needed depends on reviewing records and obtaining expert opinions, along with any disputes about the care and its connection to the injury. When you discuss the next stage with your lawyer, ask what could delay it. Although the limitation period sets a deadline for starting the claim, it doesn't set one for finishing it.
Is there a limit on compensation for a child's future care?
If you're claiming economic losses, such as future care or lost income, Ontario has no statutory cap. That isn't true of non-pecuniary damages. Because those damages cover losses such as pain and suffering rather than financial expenses, they're subject to a judge-made national cap. When you ask a lawyer which losses you may claim, discuss the support needed for each part of the claim.
Which listed firms address claims when a loved one has died?
On the sites of Neinstein Personal Injury Lawyers and Bogoroch & Associates LLP, you'll find discussions of wrongful death. After negligent emergency care led to a mother's death, Paul Cahill obtained a successful trial verdict that he publishes. Although you can ask about that work, it doesn't mean a firm will agree to take your case. To find out who may have a claim and which limitation period applies, speak with an Ontario lawyer.

Sources

  1. Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Government of Ontario (e-Laws)
  2. Claims from minors and the 15-year ultimate limitation period in Ontario, Borden Ladner Gervais LLP
  3. Non-Pecuniary Damages Upper Limits (monthly indexed figures, 2024 to 2026), McKellar Structured Settlements
  4. Key Numbers for 2025 (trilogy cap and indexation), McCague Borlack LLP
  5. Malpractice Center methodology, Malpractice Center

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