Our featured firm in Oshawa is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Kelly Greenway Bruce has the longest history of the firms we reviewed, dating to 1956; clients say they're treated compassionately and get clear explanations. Ask who would take your medical negligence file before you call, and whether they've handled an injury like yours. Ask about fees as well. Use the Ontario law guide to prepare your questions about limitation rules.
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)
Kelly Greenway Bruce has been serving clients since 1956, longer than any other firm on this list has documented. It works from an Oshawa office. Clients writing its 138 Google reviews often say the explanations are clear and the support compassionate; slow callbacks come up in some reviews.
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
Simeson Law LLP's clients often say they felt heard and could understand what was explained. A client writes, “Everything was explained well. No surprises.
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
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Oshawa can look at it with you, and it costs nothing.
Medical malpractice appears explicitly among Avanessy Giordano LLP's practice areas, alongside catastrophic injuries, traumatic brain injuries and spinal cord injuries. That gives families a direct starting point for asking about a serious treatment-related injury. Michael Giordano and Aline Avanessy are the named lawyers, and the firm has an office in Oshawa.
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 treatment, say when you learned it might have caused harm. To assess your deadline, the lawyer considers Ontario's discovery-based 2-year limitation period alongside its 15-year ultimate period. Tell the lawyer immediately if the injured person is a child.
Review the treatment records
By reading the chart, the lawyer looks into what happened and works out which questions need a medical opinion. If you already have records, bring them with a written account explaining the injury and what it's meant for you.
Start the claim
Before the applicable deadline, discuss filing the statement of claim if the lawyer agrees to proceed with your case. In Ontario, you can start a medical malpractice claim without first obtaining an affidavit or certificate of merit.
Develop the expert evidence
To address the standard of care, expert reports explain the care expected; they also address causation, whether the provider's act or omission caused or contributed to the injury. Those reports must be served, as Ontario's court rules require.
Consider resolution
Before deciding on a proposed settlement, discuss what proceeding to judgment would involve. For economic losses, including lost income or future care, Ontario doesn't set a statutory cap. Non-pecuniary damages, including pain and suffering, are limited by a national judge-made cap.
Malpractice claims in Oshawa: 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.
You can use a contingency arrangement, according to Kelly Greenway Bruce and Avanessy Giordano LLP. If the claim fails, you won't owe a fee; otherwise, the lawyer receives a share of the money recovered. That fee doesn't cover case costs. Medical records and opinions may come out of your pocket, along with any court fees you're required to pay. Before you sign the agreement, ask when you'd need to repay any expenses the firm covers for you upfront. If the claim recovers nothing, who covers those bills? You can still have expenses even with “no fee”. Check what your booked appointment covers, even though every firm on this list says its consultations are free.
All three listed firms say they won't charge you for a consultation. Contingency arrangements are also offered, two of them say.
What to bring to your first call
The chart and discharge notes, along with any other medical records you have
When treatment happened and the date you first suspected injury
Who provided the health care, with their names
What happened, written as a short timeline
Records showing lost income, along with your bills
What the hospital or insurer has sent you in letters
The injury or its effects, shown in photos
The child's age, with any litigation guardian details if the claim concerns a child
Questions to ask a lawyer
1If you've handled medical negligence claims before, did any involve an injury like mine?
2When I call about my file, which lawyer will handle it and respond?
3When must I file in my situation?
4To assess whether treatment caused my injury, what would you look at?
5If the consultation is free, what's included in it?
6What calculation determines the contingency fee I'd pay?
7If nothing is recovered, who covers the case expenses?
8As my claim progresses, how will I hear from you?
Choose for the medical issue, not the rating alone
Which treatment worries you? Tell the lawyer about it. Explain what happened to you, when you first thought the treatment had caused harm and how the injury has changed your day-to-day life. What experience do they have with that issue? The other firms have broader practices; Avanessy Giordano LLP is the one that expressly lists medical malpractice. None of these firms has published malpractice results.
Find out who will read the chart
Who would be the lawyer handling your file? Between updates, who would answer your questions? A named litigation lawyer may not have handled an injury like yours, so don't assume they have.
What would the firm do to get a medical expert's opinion on the treatment? You can start a claim in Ontario without a certificate of merit. You'll still need to serve reports from experts on the standard of care and causation, as the court's rules require.
How will you keep in touch with the lawyer? Clear explanations get praise in reviews of these firms, but some clients say callbacks were slow or question how their lawyer advocated for them. Ask who follows up when messages go unanswered, and what the firm uses to track filing deadlines.
Get the payment terms in writing
All the firms on this list say they won't charge for the first consultation. Ask what the appointment covers before booking it, and check that you won't be charged for it. Even after the consultation, the firm hasn't necessarily agreed to take your case. Under the contingency arrangements Kelly Greenway Bruce and Avanessy Giordano LLP describe, the lawyer receives part of any money recovered; if the claim fails, you don't owe a fee. Ask whether you'll have to pay separately for medical opinions.
If someone promises a result or won't explain what you'd pay, be wary of hiring them. Don't brush aside unanswered questions about your file, either, especially who would handle it. Before signing, ask what happens next and what information they still need, and have them explain it in words you understand. If your child's treatment is involved, tell the lawyer how old your child is and whether anyone has been appointed as their litigation guardian. Those details about your child can change when Ontario requires you to file.
Questions people ask
Which listed Oshawa firms expressly identify medical malpractice work?
Among Avanessy Giordano LLP's listed practice areas, you'll find medical malpractice expressly identified. Within their broader practices, Kelly Greenway Bruce and Simeson Law LLP both list personal injury as well as wrongful death. You'll find each in Oshawa. Even when a firm lists a practice area, you still don't know who would assess your claim or whether they've dealt with the treatment involved. Put those questions to each firm directly.
How long do I have to start a medical malpractice claim in Ontario?
You have 2 years from discovery under the basic limitation period. You discover the claim when you know, or reasonably should know, about the injury and how the provider contributed to it, including that a lawsuit was appropriate. There's also an ultimate limitation period of 15 years in Ontario. You may not get the deadline just from the treatment date. With your records and dates, an Ontario lawyer can assess that deadline.
Do different limitation rules apply to children?
Yes. While the injured person 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 as well. That rule is addressed in Wong v. Lui, 2023 ONCA 272. Ask an Ontario lawyer how those conditions affect the time for your child's claim.
Can I speak to a lawyer without paying for the first consultation?
According to all three listed firms, you can have a free consultation. Before you book, confirm that the offer covers your appointment and ask what the lawyer can assess during that time. If you've got records, bring them with a short timeline. Even after that consultation, the firm hasn't necessarily agreed to represent you. Nor does a free appointment make later case expenses free.
What does a contingency fee mean for my family?
If the claim fails, there's no fee; otherwise, the lawyer receives a share of what's recovered. According to Kelly Greenway Bruce and Avanessy Giordano LLP, you can use this arrangement. Expenses aren't included. If the claim produces no recovery, would you owe the cost of medical records and expert opinions, and who pays those bills along the way?
Do I need a medical expert's certificate before filing?
You can start the claim in Ontario without an affidavit or certificate of merit. In practice, you still need expert reports on the standard of care and causation, which must be served under the court's rules. Along with explaining what care was expected, they consider whether the treatment caused or contributed to the injury. How would the lawyer get those opinions and assess what they say?
How long will a medical malpractice claim take?
Your claim doesn't have a set time for completion. Before the lawyer can assess it further, ask what records are missing and what evidence they need from medical experts. The time to file isn't the time to resolve a case. Although Ontario's discovery-based 2-year limitation period sets the deadline for starting your claim, it doesn't set a deadline for finishing it.
Is there a limit on the damages a court can award?
For economic losses, including lost income or future care, Ontario doesn't set a statutory cap. Non-pecuniary damages, including pain and suffering, fall under a national judge-made limit known as the trilogy cap. You can't work out your claim's worth from that distinction. To understand which losses may apply to your injury, ask an Ontario lawyer to explain them and what evidence you'd need to support them.
What should I do if a loved one died after medical treatment?
Don't discard treatment records. When you write down the dates, include when you learned that the care might have contributed to the death. Although all three listed firms include wrongful death in their work, ask whether they handle deaths where medical negligence is alleged. To understand who may bring a claim, speak with an Ontario lawyer about that and how the limitation rules affect your family's circumstances.
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Jeremy Syrtash
