For this evidence-based 2026 list of surgical error lawyers for Markham, we weighed each firm's malpractice focus alongside its published results, client reviews and experience.
Our featured firm in Markham is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Among the firms we reviewed, Paul Cahill stands out because he focuses on medical negligence and publishes trial results. Before calling, ask who would take on your surgical error claim and who pays the costs of the case. Where would you meet, though? For the limitation rules you'll want to discuss with the lawyer, read the Ontario law 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)
Among Paul Cahill's published results are an $11.5 million jury verdict for a child born with cerebral palsy and a successful trial against an emergency room physician after a mother's death. Although these cases concern medical negligence, they're not published surgical error outcomes. Because malpractice makes up a substantial part of his practice, his site specifically addresses surgical errors.
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
Since its founding in 1935, Thomson Rogers LLP has spent many years handling litigation. According to its site, a medical malpractice success was upheld in Denman v. Radovanovic, 2024 ONCA 276. Alongside surgical error claims, the firm takes on cases involving birth injuries and misdiagnosis.
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
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.
Best for: Surgical infection and malpractice claims
One result Harte Law publishes concerns an anaesthetist who used inadequate infection control practices. After a five-week class action trial, the negligence finding was upheld on appeal, while a court-approved settlement dealt with damages. The care in that case surrounded surgery.
Stood out in our review for how much of its work is medical malpractice and the results it publishes.
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
According to repeated comments from Bogoroch & Associates LLP clients, the firm keeps them informed and promptly answers calls and emails. If you're waiting to learn what the operation notes mean for your claim, those replies matter. Not everyone agrees: one reviewer describes unanswered follow-ups.
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
When reviewing what happened, the lawyer checks when you discovered the possible claim. Because Ontario's basic limitation period lasts two years from discovery, explain when you learned that the care may have injured you and that bringing a lawsuit was appropriate.
Records and medical review
To review your care, the lawyer reads the operation notes and other relevant records. When medical opinions address the standard of care, they examine what care the circumstances called for. To address causation, they examine whether a provider's act or omission caused your injury or contributed to it.
Starting the claim
When you file a statement of claim, the lawsuit begins with your allegations. To begin in Ontario, you don't need an affidavit or certificate of merit. Before proceeding, your lawyer must assess which limitation period applies, including any rules that could affect a child's claim.
Expert reports
Although you can start a lawsuit without a certificate, you'll still need medical support for it. Under the court's rules, you must in practice serve expert reports dealing with the standard of care and with causation. Which opinions would your claim require?
Resolution or trial
If the claim doesn't settle, it may reach trial. Among the published results here are both settlements and trials, with some decisions reviewed on appeal. Although those cases have ended, they can't tell you how long yours will take or what its ending will be.
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.
According to Four listed firms, they work on contingency. If the claim fails, there's no legal fee; otherwise, the lawyer gets a share of the recovery. Separate from that fee, case expenses can cover medical records and opinions from medical witnesses, along with fees charged by the court. Because the firms' listed terms don't explain it, you can't tell who advances those expenses or pays if the case fails. Check before you sign. Before agreeing, get a written explanation showing how the fee is worked out and which costs you'd have to pay. If the consultation is free, you can discuss your claim without being charged for that conversation. The rest of the case isn't necessarily free.
According to Five of the six listed firms, you won't pay for the consultation. Contingency work is offered by Four.
What to bring to your first call
Any medical records you already have, including the operation notes
When you had the procedure and when you learned of the possible error
Who was involved in providing your health care
Your care and what followed, set out in a brief written timeline
Records showing lost income and care expenses, including any bills
Any hospital letters you've received that discuss your care
Which symptoms continue and what help you need now, written down
Questions to ask a lawyer
1What claims involving this kind of surgical error have you handled?
2Who would be in charge of my file?
3To assess my claim, which medical records and expert opinions would you need?
4Given my circumstances, what limitation period would apply?
5How would I hear about progress?
6What calculation determines the contingency fee I'd pay?
7Who pays the case expenses if my claim fails?
8Would travelling to your office be necessary, or could we meet remotely instead?
Choosing a surgical error lawyer for Markham
Begin by describing your operation. When you speak to the lawyer, explain which procedure you had and what followed, including when someone first suggested the care caused harm. Before you call, you needn't decide whether the surgeon was negligent. Because a general personal injury practice description won't answer this, ask about claims involving the same alleged error as yours.
Look closely at the published results. While Paul Cahill reports medical negligence trial verdicts, Harte Law describes a case about an anaesthetist's infection-control practices. What can they tell you about those cases? Even a birth injury verdict doesn't show experience with your particular operation. If there's no comparable published result, ask the firm what work it has done on similar claims without revealing confidential information about clients.
Use the first conversation to test the fit
Who would read your operation notes and get the medical opinions needed to assess your claim?
Who would take responsibility for your file, and how would they keep you updated? If a question can't wait, whom should you contact?
Where would you go for meetings? Because every listed office is outside Markham, you shouldn't count on meeting locally.
Before accepting your case, what would the lawyer need to know? Even with a free consultation, representation and a favourable result aren't promised.
When you read reviews, look for communication patterns. Even positive reviews can't prove negligent care or show you what your claim is worth. Although several firms here get praise for keeping clients informed, some clients also complain about messages left unanswered or delays in getting replies. When you raise those concerns, listen for a clear answer about who would look after your file and how they'd do it.
Before signing, make sure you separate case expenses from the lawyer's fee. According to Four listed firms, they work on contingency. If you recover money, what share goes to the lawyer, and who pays for the records and medical opinions? If the claim fails, find out what you might still owe. Ask for written answers. If anyone promises a result or pushes you to sign without explaining the costs, be wary of that person.
Questions people ask
How long do I have to start a surgical error claim in Ontario?
Once you discover the claim, the basic two-year period begins. You discover it when you knew, or reasonably ought to have known, that you'd been injured and that a provider's act or omission caused that injury or contributed to it. For discovery, you must also have known a lawsuit was appropriate. A 15-year ultimate limitation period also applies in Ontario. Because the operation date alone won't establish your deadline, ask an Ontario lawyer to assess the circumstances of your claim.
Can I speak to a lawyer without paying for the first consultation?
Five firms on this list say they offer a free consultation. The list doesn't state Paul Cahill's consultation terms, so check before booking. Use that conversation to explain the procedure and discuss your filing deadline. A free first meeting doesn't mean the lawyer will take your case, or that later work and case expenses will be free.
What would I pay if the lawyer works on contingency?
According to Harte Law and Bogoroch & Associates LLP, they work on contingency, and Bergel Magence LLP and Diamond and Diamond Lawyers say the same. If the claim fails, you pay no legal fee; otherwise, that fee is a share of the recovery. Expenses aren't included. If nothing is recovered, what happens to the costs of medical opinions and records, and who pays for them along the way?
Does a bad surgical outcome prove malpractice?
Even with a bad outcome, the legal questions remain unanswered. When reviewing the medicine, reviewers examine the standard of care and whether a provider's act or omission caused your injury or contributed to it. To start a claim in Ontario, you don't need a certificate of merit. Under the court's rules, though, you must still serve expert reports that address those issues.
What should I do before my first call?
Start by noting when the procedure took place and what happened afterwards. If you already have records, gather them, especially the operation notes. Because the lawyer needs to assess when you discovered the claim, also record when you first learned that the care might have caused harm. If you think a deadline is close, don't wait for every document before calling an Ontario lawyer to discuss your claim.
Are the deadline rules different if my child was injured?
Yes. While the claimant is under 18 without a litigation guardian for the claim, the two-year period doesn't run. If a claim arises while a minor has no litigation guardian, the 15-year ultimate period is suspended as well. For that rule, see Wong v. Lui, 2023 ONCA 272. To understand how it affects your child, ask an Ontario lawyer.
How long will a surgical error lawsuit take?
You won't find a reliable timeline for your claim in these firms' published information. Although some results come from settlements, others are trial verdicts or decisions upheld on appeal. The path differs for each case. What medical review would your claim need, and how would the lawyer walk you through each stage? Even a past case can't show when yours might resolve.
Can a lawyer assess a claim if my loved one died?
If you're asking about wrongful death, several listed firms handle those claims, including Harte Law and Thomson Rogers LLP. Among Paul Cahill's published results is a successful trial against an emergency room physician after a mother's death. Although that work is relevant, it doesn't show whether your family has grounds for a surgical error claim. To find out who can bring the claim and which limitation rules apply, speak with an Ontario lawyer.
Is there a limit on compensation in Ontario?
If you're claiming economic losses, such as lost income or future care, Ontario has no statutory cap. For non-pecuniary damages, which cover losses such as pain and suffering, a judge-made national cap does apply. Even with those rules, you can't tell what your claim is worth. Which losses could you claim, and what would you need to support them? Ask an Ontario lawyer.
Do these lawyers have offices in Markham?
You won't find a listed office in Markham. Along with Bogoroch & Associates LLP, Paul Cahill and Thomson Rogers LLP have Toronto offices listed 26 km away. While Harte Law is in Richmond Hill, you'll find Bergel Magence LLP in North York. For Diamond and Diamond Lawyers, the listed office is in London. Before you book, check where the lawyer works and how the meeting would happen.
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Jeremy Syrtash
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