Best Surgical Error Lawyers in Richmond Hill, ON (2026)
We put together this 2026 list using evidence about surgical error lawyers who serve Richmond Hill. Published results and client reviews helped us choose, as did the work each firm takes on.
Our featured firm in Richmond Hill is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Thomson Rogers LLP caught our attention during the review: it has a long history, and its medical malpractice judgment was upheld on appeal in 2024. Ask the firm who handles surgical error claims before you call, and get fees and case costs explained. The firm should be able to assess your deadline under Ontario's rules if you don't know how much time you have.
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)
The Court of Appeal upheld the medical malpractice success in Denman v. Radovanovic, 2024 ONCA 276, Thomson Rogers LLP says in its account of the case. That published result helped earn it a place here; its practice dates to 1935. The firm lists surgical errors as medical negligence work on its site and names partner Aleks Mladenovic among the lawyers who practise there.
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
Best for: Anaesthesia and infection control claims
A $10,531,000 court-approved settlement reported by Harte Law followed an anaesthetist's negligent infection control practices. Its site says the negligence decision survived an appeal after a five-week class action trial. This is a concrete result involving harm during medical care, rather than a general personal injury claim.
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
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Richmond Hill can look at it with you, and it costs nothing.
Gluckstein LLP dates to 1962, and Richard Halpern and David Lackman are among the senior counsel named on its site. Families discussing a claim at intake can raise surgical errors covered on the firm's site, which also addresses medication errors and claims involving wrongful death. The firm has an office in Richmond Hill.
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
If surgery has left you with lasting harm, you may want to discuss the catastrophic injury and brain injury work Bergel Magence LLP lists alongside medical malpractice. The site's medical negligence coverage includes surgical errors and medication errors. It opened in 1972.
Stood out in our review for its years of experience 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 speaking to the lawyer, describe what happened and when you learned the care might have caused harm. To assess your deadline, they'll consider Ontario's two-year discovery-based limitation period and its 15-year ultimate period. If the injured patient is a child, say so immediately.
Review the medical records
To assess the claim, the lawyer uses the hospital chart and operation notes. If records are missing, ask how the firm would get them and arrange medical opinions about the care and its connection to the injury. Before proceeding, check who pays those expenses.
Start the claim
If the lawyer proceeds, they must start the claim before the applicable limitation period expires. To begin a claim in Ontario, you don't need an affidavit or certificate of merit. If you're unsure what that means for you, ask your lawyer.
Serve expert reports
To meet Ontario's court rules, expert reports on the standard of care and causation must be served. Those reports explain the care the provider was expected to give, including whether departing from that care caused the injury.
Consider settlement or trial
If it doesn't settle, the claim may go to trial. After a trial and an appeal, Harte Law's published infection control case ended with a court-approved settlement of damages. You can't use that case to predict how long another patient's claim will take or how it might end.
Malpractice claims in Richmond Hill: 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.
Harte Law and Bergel Magence LLP say they take a contingency fee from a recovery. If the claim fails, there's no lawyer's fee; otherwise, the lawyer receives a share of any recovery. You'll need to ask separately about other costs. Alongside records and medical opinions, court fees count as case expenses. Before proceeding, check who advances these expenses and when they're repaid, especially whether you'd owe them if the claim were unsuccessful. You can't tell who carries every expense from the firms' stated arrangements. Before signing, get a written explanation of how they calculate the fee, along with what any free consultation would cover.
A free consultation is offered by four of the five listed firms, according to their statements. Contingency is how two say they work.
What to bring to your first call
Write a brief timeline of the operation and what happened afterward
Note when surgery took place, including the dates you learned your injury might be connected to the care
Bring your hospital chart and operative report, with discharge notes if you have them
Name the surgeon, along with the other health care providers who were involved
Bring any hospital or insurer letters or messages
Bring bills, including records of lost income or care expenses
If relevant, bring photographs showing visible injuries
Note how old the patient is and any litigation guardian details
Questions to ask a lawyer
1When handling claims, have you dealt with this procedure or this kind of surgical injury?
2If I hire you, who reviews my records and handles my file?
3Before starting my claim, how will you determine the deadline?
4What would a free consultation cover, if you offer one?
5When would I pay your fee, and how do you calculate it?
6Who pays for records and medical opinions if the claim fails?
7As the case progresses, how will you keep me updated?
8Before you decide whether to take my claim, what else do you need to know?
Choosing a surgical error lawyer in Richmond Hill
Start by describing your operation. Tell the lawyer which procedure you had and what went wrong, and explain when you first learned that the care might be behind your injury. Bring the operative report if you have a copy. A firm's listing of surgical errors is only a starting point. Check whether the lawyer assigned to your file has handled that procedure or complication before you decide to hire them.
Ask who will read the hospital chart before you proceed, including who decides if a medical opinion is needed. Ontario doesn't require a certificate of merit when you start a claim there. The court's rules still require you to serve expert reports addressing the standard of care and causation.
Ask to hear a relevant published result explained. While Harte Law reports an infection control settlement, Thomson Rogers LLP's reported malpractice decision was upheld on appeal. You can't gauge your own possible recovery from either result.
Where would you meet? Harte Law has a Richmond Hill office, as do Gluckstein LLP and Blackburn Lawyers if you'd rather meet locally. Thomson Rogers LLP's office means a trip to Toronto, while you'd visit Bergel Magence LLP in Oakville.
A free consultation gives you a chance to ask whether the firm would consider taking on your case. Check what the consultation includes before sending records, and find out whether the firm would charge for a further assessment. Harte Law and Bergel Magence LLP say they offer contingency arrangements: the lawyer receives part of a recovery and charges no lawyer's fee if the claim fails. Case costs are still separate. Ask who pays those costs upfront before you proceed, and what you'd owe if your claim doesn't succeed.
Get the answers in writing. If someone promises a particular settlement or won't explain the fee agreement, be wary of hiring them. Before hiring, check how you'll receive updates and who covers your file when the lawyer's away. If the firm declines your case, ask how it would let you know. Because Ontario has specific limitation rules for minors without a litigation guardian, tell the lawyer immediately if the patient is a child. Don't treat this general information as legal advice.
Questions people ask
How long do I have to start a surgical error claim in Richmond Hill?
Once a claim is discovered, Ontario's basic two-year limitation period starts. Discovery means you knew, or reasonably ought to have known, about the injury and the provider's contribution to it, including that a lawsuit was appropriate. Alongside that, the Limitations Act sets a 15-year ultimate period. Rather than relying only on the surgery date, have an Ontario lawyer assess the relevant dates.
Do I need a medical expert before starting a claim?
To start a medical malpractice claim in Ontario, you don't need to provide an affidavit or certificate of merit. Even without that requirement, the court's rules require service of expert reports on the standard of care and causation. Before proceeding, check how the lawyer would arrange and fund medical opinions. When reviewing the care, those opinions address what was expected and whether the provider's conduct caused your injury.
Can I speak to a lawyer without paying for the first consultation?
Free consultations are offered by Thomson Rogers LLP, Harte Law, Gluckstein LLP and Bergel Magence LLP, according to their statements. You'll need to check Blackburn Lawyers' consultation terms; they're not stated here. Before you book, check what the consultation covers and whether you'd pay anything for a later review of your records. Even if the first meeting is free, that doesn't tell you how the firm would charge to take your case further.
Does a contingency agreement mean I can't owe anything?
It doesn't necessarily mean that. If the claim fails, no lawyer's fee is payable; a contingency fee gives the lawyer a share of a recovery. Alongside records and medical opinions, court fees are expenses separate from that fee. According to Harte Law and Bergel Magence LLP, they offer contingency arrangements. Before agreeing, get written terms that explain who pays those expenses if there's no recovery.
What should I do before calling a surgical error lawyer?
Start with a note of when the operation happened and what followed. When you first learned that the care might have caused the injury belongs in that note. If you already have your chart and operative report, gather them and ask the firm how you'd get any missing records. When you call, ask about the limitation period so an Ontario lawyer can assess the dates.
Does every poor surgical outcome support a malpractice claim?
When Ontario's required expert reports address the care, a poor outcome alone doesn't answer their questions. To assess the claim, they consider the standard of care and causation. That means looking at what care was expected, then whether a departure from it caused the injury. Before deciding whether to proceed, ask what the lawyer sees in the operation notes and which medical opinion they need to assess the claim.
Are the deadlines different if my child was injured during surgery?
Until a claimant turns 18, Ontario's two-year period doesn't run if they have no litigation guardian for the claim. If a claim arises while a minor has no litigation guardian, the 15-year ultimate period is suspended too. You'll find that rule addressed in Wong v. Lui, 2023 ONCA 272. To understand what those rules mean for your child, ask an Ontario lawyer.
How long will a surgical error claim take?
You can't find a timeline for your own claim in this list. As the claim is assessed and moves through court, it involves medical record review and expert reports, and may reach trial or appeal. In the infection control case Harte Law reports, both took place. Before proceeding, ask which steps your lawyer expects for your case, including how they'll keep you informed if there are delays.
Who should I contact if a loved one died after surgery?
To understand who may bring a claim in your circumstances, ask an Ontario lawyer to assess the care and explain. If you're considering these firms, each lists wrongful death among its work. If you have operation notes or hospital correspondence, bring them along with a written timeline. Don't rely on the date of death alone to determine the filing deadline. To check that deadline, ask the lawyer to assess the relevant dates.
Is there a limit on compensation in Ontario?
For economic losses, such as lost income or future care, Ontario doesn't set a statutory cap. For non-pecuniary damages (losses such as pain and suffering), a judge-made national limit applies, called the trilogy cap. To understand which categories may apply to you, ask a lawyer. You can't use the published settlements on this list to predict what another patient's claim could recover.
1
Jeremy Syrtash
