To assess Ottawa birth injury lawyers, this evidence-based 2026 list looks at practice focus and published results, along with client reviews and experience.
Our featured firm in Ottawa is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Among the firms we reviewed, Gluckstein LLP stands out because of its long history and its website's attention to birth injury claims, including cerebral palsy. Before calling, find out who would handle your child's claim and who pays the case costs. Ask how promptly the firm can assess the Ontario limitation period.
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: Families seeking established injury counsel
Since its founding in 1962, Gluckstein LLP has built a long injury-law history and has an Ottawa office. Along with HIE and cerebral palsy, its website covers birth injury claims involving Erb's palsy. The team includes managing partner Charles E. Gluckstein, with Richard Halpern serving as senior counsel.
Stood out in our review for its years of experience 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
Bergeron Clifford's clients repeatedly say the firm explains the process in everyday language. It has a Google rating of 5 from 187 reviews. Prompt replies and respectful care draw recurring praise, supporting the firm's place on this list without establishing its results in birth injury cases.
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 Ottawa can look at it with you, and it costs nothing.
Best for: Families considering a broad-practice firm
Nelligan Law's broad practice gives you a reason to consider the firm, and something to check before hiring it. The Ottawa firm was founded in 1963. It lists employment law through to litigation and dispute resolution, and its website discusses birth injury and other medical negligence claims.
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
For cerebral palsy claims, CoganLaw publishes settlements of $8.5 million, $7.2 million and $8.0 million. For this list, those results directly matter. What another family's claim might recover isn't predictable from them.
Stood out in our review for the results it publishes 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 reviewing what happened, the lawyer also checks the limitation period. Although Ontario generally requires a claim within 2 years of discovery, the clock can run differently depending on a child's age and whether they have a litigation guardian.
Records and medical assessment
The lawyer then reads the chart, including the delivery notes. To assess the care, medical opinions address the standard of care (what care should have been given) and causation: did the alleged failure cause or contribute to the injury?
Starting the claim
To begin the lawsuit if the case proceeds, the lawyer files a statement of claim. Although Ontario doesn't require an affidavit or certificate of merit to start, you'll still need medical evidence to support the claim.
Expert reports and court process
Under Ontario's court rules, expert reports addressing the standard of care and causation must be served. Ask which issues are still disputed and what each report covers. To understand what your family must provide, ask your lawyer to explain.
Settlement or judgment
If the claim doesn't settle, it may reach a judgment. Although Ontario has no statutory cap on economic losses, including future care, a national judge-made cap limits non-pecuniary damages. Losses such as pain and suffering fall within those damages.
Malpractice claims in Ottawa: 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.
Because CoganLaw says it works on contingency, its payment is a share of any recovery; if the claim fails, it charges no lawyer's fee. Ask about expenses separately. Along with court fees, case costs can cover medical records and expert opinions. If there's no recovery, ask who pays those costs and who advances the money (the firms' listed information doesn't tell you those terms). Ask for written payment terms before you sign anything. To understand what would remain for your family, have the lawyer explain how costs affect that amount. According to Gluckstein LLP, it offers a free consultation.
Among the four listed firms, a free consultation is offered by one; contingency work is stated by one.
What to bring to your first call
Any delivery notes you have, together with your child's medical records
When delivery occurred and the date you first learned of a possible care-related injury
Names identifying the health care providers involved
What happened, written as a brief timeline
Receipts or bills for care, including related expenses
Letters you've received from the hospital or insurer
Your child's current care needs, described in notes
Documents appointing a litigation guardian, if any
Questions to ask a lawyer
1For birth injuries like ours, how many claims have you handled?
2Who will take responsibility for our file as its lawyer?
3Before deciding whether to take our claim, which records will you need?
4To support our case, how will you obtain the needed medical opinions?
5For our child's claim and any related family claims, what limitation period applies?
6Who pays the case costs, and how will you calculate your fees?
7What might we owe if the claim fails?
8When we have questions, who can we contact, and how will you keep us updated?
Choose the lawyer who can explain your child's file
Check the fit first. Although a birth injury webpage shows the firm addresses this work, it doesn't identify who'll actually read your child's chart. Ask what experience that lawyer has with similar allegations, and get their name. If your child has cerebral palsy, ask how the lawyer would check whether the care caused or contributed to the injury, instead of treating the diagnosis alone as an answer.
To compare the Ottawa firms listed here, you'll need different kinds of public information. Cerebral palsy settlements appear on CoganLaw's website. While Bergeron Clifford's reviews repeatedly mention clear communication, Gluckstein LLP has a long history in injury law. Employment matters appear in Nelligan Law's reviews. When reading each signal, check what it actually shows: praise for work in another practice area doesn't establish birth injury experience.
Ask how the medical evidence will be assessed
Which other records would you need, and who would read the delivery notes?
To assess the care and whether it caused the injury, how will you get expert opinions?
If you decline the claim, will you flag deadline concerns and explain why you won't take it?
While the lawyer reviews the file, who can answer our questions?
To start a claim in Ontario, you don't need to provide an affidavit or certificate of merit. Even so, the court's rules require service of expert reports addressing the standard of care and causation. Ask your lawyer what those terms mean in plain language: which care should have been given, and did the alleged failure cause or contribute to the injury?
Get the payment terms in writing
While Gluckstein LLP says it offers a free consultation, CoganLaw says it works on contingency. If you have that initial conversation, there's no consultation charge. Taking your case isn't promised by that offer. If the lawyer works on contingency, their fee comes from a share of any recovery; they charge no lawyer's fee when the claim fails. For records and medical opinions, ask separately who pays the expenses.
If someone promises an outcome or pressures you, don't sign terms that you don't understand. Your child's claim isn't valued by looking at a published settlement. Before signing, ask who advances the case costs and what you'd owe if nothing is recovered. This gives general information, rather than legal advice.
Questions people ask
Which Ottawa birth injury firm should we call?
If work is documented, check first whether it fits your concern. Cerebral palsy settlements are published by CoganLaw. While Bergeron Clifford's reviews emphasise clear explanations, Gluckstein LLP's website covers birth injury topics that include HIE and Erb's palsy. Ask who would handle your file before choosing. How your own claim will proceed isn't something public results and reviews can tell you.
What is the deadline for a birth injury claim in Ontario?
Under Ontario's Limitations Act, 2002, you generally must bring a claim within 2 years of discovery. You discover a claim when you know, or reasonably have reason to know, about the injury and the provider's contribution, and that a lawsuit was appropriate. The clock doesn't necessarily begin on the delivery date. To find out how the rules affect your family, ask an Ontario lawyer to assess which dates matter.
Does the limitation period run while my child is a minor?
Until a claimant turns 18, the 2-year period doesn't run if they have no litigation guardian for the claim. If a claim arises while the claimant is a minor without a litigation guardian, the 15-year ultimate period is also suspended, as addressed in Wong v. Lui, 2023 ONCA 272. Ask an Ontario lawyer how those conditions affect your family's claim.
Do we need a medical expert before starting a lawsuit?
To start an Ontario claim, you don't have to provide an affidavit or certificate of merit. Even so, under the court's rules, expert reports addressing the standard of care and causation must be served. Before proceeding, ask how the lawyer will read the delivery notes and obtain opinions about whether the care caused or contributed to your child's injury.
Can we speak to an Ottawa lawyer without paying upfront?
While CoganLaw says it works on contingency, Gluckstein LLP says it offers a free consultation. Their meanings aren't the same. If a consultation is free, it covers the initial conversation; contingency means the lawyer takes payment from a recovery. Before a firm reviews records, ask whether it charges for that work and how you'd pay for medical opinions.
How much compensation can a birth injury claim recover?
For economic losses, including lost income or future care, Ontario sets no statutory cap. A national judge-made cap does apply to non-pecuniary damages, such as pain and suffering. Cerebral palsy settlements are published by CoganLaw. Because those amounts can't predict another claim's value, ask a lawyer what losses your child's circumstances might support.
How long will a birth injury claim take?
Every claim won't fit one timetable. Before the next steps, ask your lawyer about them, particularly reviewing medical records and preparing expert reports. Under Ontario's court rules, reports must address the standard of care and causation. As that work proceeds, ask for updates instead of relying on a promised date for completion.
What should we do before contacting a lawyer?
Start by gathering your available records. When writing down the delivery date and when you first learned care might have contributed to the injury, include what care your child currently needs. To fill any gaps, ask which other documents the firm needs. While you're trying to collect every record, don't delay having the deadline assessed.
Can we ask about a claim if our baby died?
Yes. On their websites, both Gluckstein LLP and Bergeron Clifford discuss wrongful death. If the death was connected with childbirth, ask whether the firm handles such claims and who can bring one in your circumstances. Because the limitation period needs an individual assessment, ask an Ontario lawyer how the rules affect you and which medical records they'd need.
1
Jeremy Syrtash
