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Malpractice Center

Best Surgical Error Lawyers in Toronto, ON (2026)

To build this 2026 list of Toronto surgical error lawyers, we used their practice focus and published results, alongside client reviews and experience.

Sources checked

5 lawyers and firms

Toronto skyline viewed from Snake Island
Photo: Dillan Payne, CC BY-SA 4.0, via Wikimedia Commons

The short answer

Our featured firm in Toronto is Diamond & Diamond Lawyers LLP, where Jeremy Syrtash leads the medical malpractice group. Among the firms we reviewed, Paul Cahill stands out because medical negligence is its focus and it publishes trial results. Find out who would handle your surgical error claim before calling, and ask what you'd pay. Check Ontario's limitation period so you don't miss it. See the Ontario malpractice guide for the legal framework.

At a glance

  1. 1Diamond & Diamond Lawyers LLPJeremy SyrtashFeatured
  2. 2Paul Cahill4.8 out of 5
  3. 3Gluckstein LLPFree consultation4.6 out of 5
  4. 4Thomson Rogers LLPFree consultation4.8 out of 5
  5. 5Bergel Magence LLPFree consultation4.7 out of 5

Best Surgical Error Lawyers in Toronto

  1. Featured
  2. Paul Cahill logo2

    Paul Cahill

    4.816 Google reviewsRated 4.8 out of 5 on Google from 16 reviews

    Best for: Medical negligence-focused representation

    Paul Cahill - Medical Malpractice Lawyer does much of its work on medical negligence claims. The firm's site lists surgical error claims, which is part of why it comes first here. The published results include an $11.5 million jury verdict for a child born with cerebral palsy; there's also a successful trial against an emergency room physician involving a mother's death.

    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

  3. Gluckstein LLP logo3

    Gluckstein LLP

    4.637 Google reviewsRated 4.6 out of 5 on Google from 37 reviews

    Best for: An established injury litigation team

    Gluckstein Lawyers dates back to 1962, when the firm was founded. The firm's site lists surgical errors among other medical negligence claims; managing partner Charles E. Gluckstein works alongside senior counsel Richard Halpern on the team. The firm handles medical malpractice and other injury claims.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

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  5. Thomson Rogers LLP logo4

    Thomson Rogers LLP

    4.8300 Google reviewsRated 4.8 out of 5 on Google from 300 reviews

    Best for: Claims needing appellate litigation experience

    Thomson Rogers LLP's site says its win in the medical malpractice case Denman v. Radovanovic, 2024 ONCA 276 held up on appeal. You can discuss that named result at intake, though it isn't identified as a surgical error case. The Toronto firm was founded in 1935 and lists surgical errors on its site.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

  6. Bergel Magence LLP logo5

    Bergel Magence LLP

    4.7205 Google reviewsRated 4.7 out of 5 on Google from 205 reviews

    Best for: North York injury claim clients

    Clients often say Bergel Magence LLP ⚖️ Personal Injury Lawyers kept them informed and gave them support. One review says the team "communicated clearly and reached out often with quick updates," but another reviewer had a poor intake experience. The firm, founded in 1972, lists surgical errors on its site among the personal injury claims it handles.

    CallWebsiteFree case reviewIs this your firm?
    How they were picked

    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

Where they are in Toronto

What clients say about these Toronto lawyers

Google reviews of the firms on our lists, quoted as their clients wrote them and linked to where they were posted. We don't write, edit or pick reviews for pay.

  • Kate I.

    July 2026 · Toronto, Ontario

    “⭐⭐⭐⭐⭐ I cannot recommend Jennifer Ilton and Yoni Silberman of Bogoroch & Associates LLP highly enough. After our serious motor vehicle collision on Highway 400 North in November 2023, they stood by us every step of the way. They fought diligently to protect our insurance rights while also providing something just...”

    About Bogoroch & Associates LLPGoogle reviewRead it on Google

  • MICKE C.

    October 2026 · Toronto, Ontario

    “Thanks so much DARCY, I TRULY DO APPRECIATE EVERYTHING TRL HAS ACCOMPLISHED FROM THE INFANCY STAGE AS THEIR CLIENT AND EVERY DAY THEREAFTER. IIN REFERRENCE TO THE THEREAFTER STAGE AS THEIR CLIENT I HAD SEVERAL CONVERSATIONS WITH BOTH LAWYERS DARCY M. & HIS PARTNER MICHAEL B. OF WHICH WERE ALL PROFESSIONAL, POSITIVE...”

    About Thomson Rogers LLPGoogle reviewRead it on Google

  • Andrea K.

    March 2026 · Toronto, Ontario

    “All the praises go out the the team at Gluckstein Personal Injury Lawyers. My sister started the file with you as I was unable to communicate. Thank you for working with her and getting my file started right away, until I was able to work with the TEAM. Gluckstein worked very hard and making sure I was compensated...”

    About Gluckstein LLPGoogle reviewRead it on Google
See all reviews
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

Malpractice claims in Toronto: 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

Choose around your operation and your deadline

Start with the firm's work on claims resembling yours. A birth injury verdict tells you about trial experience. Because that doesn't show how often the lawyer handles surgical errors, ask about the operation involved and who would assess whether treatment caused your injury.

Make the first conversation useful

  1. Prepare a short timeline

    Write down when the operation happened and when you first learned something might have gone wrong. Once you've done that, tell the lawyer about your records (such as the chart or operative notes) and ask what else they need.

  2. Meet the person responsible

    Because reviews across this list include praise for communication but also reports of delays, ask who'll review your claim and answer your calls. Have them clearly explain how you'll get updates.

  3. Ask about expert review

    You can start a claim in Ontario without an affidavit or certificate of merit. In practice, the court's rules require you to serve expert reports on the standard of care and causation. Have the firm explain how it handles that review.

Separate the consultation from the fee agreement

Several listed firms offer consultations you won't pay for. During that meeting, discuss whether the firm will consider your claim, then ask what happens next. That doesn't mean they've agreed to take the case. Bergel Magence LLP ⚖️ Personal Injury Lawyers, Bogoroch & Associates LLP and Diamond & Diamond Lawyers LLP say they offer contingency fees. Have them explain what payment depends on and how the firm calculates fees. Ask for written terms and find out whether you'd have to pay other costs, too.

  • Treat promises of recovery with caution. What a published verdict tells you is a past result, not what will happen with your claim.
  • If fees remain unclear or no one can name the lawyer responsible for your file, wait.
  • Where will you meet? Although some entries identify offices outside Toronto, Gluckstein Lawyers lists offices in both Ottawa and Toronto.

Don't treat this general information as legal advice. Before contacting a lawyer, you don't have to answer every question on your own.

Questions people ask

How long do I have to start a surgical error claim in Toronto?
Once you discover the claim, Ontario generally gives you 2 years to start it. That clock doesn't automatically begin on the operation date. Discovery involves more than knowing about the injury: it also covers how the health care provider contributed and whether a lawsuit was appropriate. There's also a 15-year ultimate period under the Limitations Act. Ask an Ontario lawyer to assess your timeline and any suspension rules that apply.
Do I need an expert report before contacting a lawyer?
You can start an Ontario claim without an affidavit or certificate of merit. In practice, you must serve expert reports on the standard of care and causation under the court's rules. Have the firm explain which records it needs and how it arranges that assessment. Ask an Ontario lawyer about your particular claim's requirements.
Which firms on this list offer free consultations or contingency fees?
The listings for Gluckstein Lawyers, Thomson Rogers LLP, Bergel Magence LLP ⚖️ Personal Injury Lawyers, Bogoroch & Associates LLP and Diamond & Diamond Lawyers LLP all include free consultations. Contingency fees appear in the last three listings, too. Because consultation and contingency terms aren't confirmed for every firm, ask each one directly about charges. Before deciding, ask to see the proposed fee agreement.
Is compensation for surgical errors capped in Ontario?
Ontario doesn't impose a statutory cap on economic losses, such as lost income or future care. The national judge-made trilogy cap applies to non-pecuniary damages. Because those categories differ, the cap doesn't describe your whole claim; ask an Ontario lawyer which losses may apply to your circumstances. A firm's past verdict won't tell you what your claim is worth.
Does the same deadline apply if the patient is a child?
The 2-year period doesn't run while the person is under 18 without a litigation guardian for the claim. The 15-year ultimate period is also suspended if the claim arises while the claimant is a minor without a litigation guardian; Wong v. Lui, 2023 ONCA 272 addresses this. Ask an Ontario lawyer to explain how those conditions apply to the child's situation.

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

Nearby cities

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