To compare surgical error lawyers serving Vaughan, this evidence-based 2026 list looks at their malpractice focus and published results, while also weighing reviews and experience.
Our featured firm in Vaughan 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 an $11.5 million birth injury jury verdict. Before calling, find out who would handle your surgical error claim, including how you'd pay the costs. Check whether you can get to the office comfortably, too. For filing rules, see the Ontario malpractice 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)
For a child born with cerebral palsy, Paul Cahill publishes a jury verdict of $11.5 million. After a mother's death, he also publishes a successful trial against the emergency room physician involved. Surgical errors weren't involved in either result.
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
Best for: Established medical negligence litigation
Since its founding in 1935, Thomson Rogers LLP has built a long operating history. According to the firm's site, its medical malpractice success in Denman v. Radovanovic, 2024 ONCA 276 was upheld on appeal. Aleks Mladenovic and Sebastian di Domenico are among its lawyers, and the firm handles surgical error 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
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Vaughan can look at it with you, and it costs nothing.
Bergel Magence LLP's office is in North York, 8 km from Vaughan, making location a practical distinction for families comparing these firms. Established in 1972, it lists surgical errors among its medical malpractice work. Its lawyers include partners Andrew Bergel, Ilan Bergel and Jeremy Magence; Hy Bergel is a former Provincial Court Deputy Judge.
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
Bogoroch & Associates LLP's site lists surgical errors alongside hospital negligence and medication errors. Those practice areas matter if your concerns involve the operation and care elsewhere in the hospital. Its named lawyers include managing partner Richard M. Bogoroch and partner Heidi R. Brown.
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
To assess discovery, a lawyer looks at when you learned about the injury and its possible connection to your care. From discovery, Ontario's basic limitation period runs for 2 years; there's also an ultimate period of 15 years. Tell the lawyer early if the injured person is a child.
Review the medical records
To assess what happened, a lawyer uses your chart and operation records. Before obtaining a medical opinion, ask whether one is needed and which records the firm requires. When reviewing the records, the firm must address the care you received, including whether it caused or contributed to the injury.
Start the claim
Discuss filing a statement of claim if the lawyer accepts your case and recommends going ahead with it. Filing that document starts the lawsuit. Although Ontario doesn't require an affidavit or certificate of merit to begin, you still have to file before the applicable limitation period expires.
Prepare medical opinion evidence
Under Ontario's court rules, expert reports addressing the standard of care and causation must, in practice, be served. Before those opinions are obtained, ask who would arrange them and how you'd pay. If a report says the care was inadequate, it must also address how that care connects to the injury.
Discuss resolution and trial
Ask what a trial would involve as the lawyer explains your options for resolving the claim. Among the results published in this list are medical negligence trials and an appeal. You can't predict your outcome from those results, and no fixed completion time applies to every family's case.
Malpractice claims in Vaughan: 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.
If you recover money under the contingency fees several listed firms offer, the lawyer receives a share; there's no legal fee if the claim fails. You'll still need to discuss other costs. Court fees are case expenses, along with records and medical opinions; none of those is part of the lawyer's fee. Check who would pay them. If the firm advances those expenses, ask when repayment would be due, including whether you'd have to repay them if the claim fails. Some listed firms don't state how you'd pay them. Before signing, request a written explanation of how the fee is calculated and how expenses are handled. Later work isn't free just because the consultation is.
A free consultation is offered by four of the six listed firms, according to their statements. Contingency fees are offered by three.
What to bring to your first call
If you already have them, your hospital chart and operation records
When surgery and complications occurred, including dates of later treatment
Names of other health care providers, along with the surgeon's name
What happened, set out in a brief written timeline
Any hospital or insurer letters, including messages you've received
Records of missed work or care expenses, along with bills
If relevant, photos that show the injury
For a child, any documents appointing a litigation guardian
Questions to ask a lawyer
1When you've handled claims involving this operation or alleged error, how many were there?
2Who would update me, and would that person also be responsible for my file?
3Given my situation, which filing deadline do you think applies?
4To assess my claim, which medical opinions would you need?
5What does your first consultation cover, and is it free?
6How would you calculate your contingency fee if the claim succeeds?
7If the claim fails, what case expenses could I owe, and who pays them beforehand?
8How would we keep in contact, including where we'd meet?
Choosing a surgical error lawyer in Vaughan
Start by describing what happened during and after surgery. If a firm handles injury and malpractice claims, that alone doesn't tell you how often its lawyers actually review records from surgery. Find out about claims involving your procedure or the error you suspect. While Thomson Rogers LLP reports an appeal success, Paul Cahill publishes trial results involving medical negligence. You can't tell from either result alone how the firm would go about assessing your claim.
Make the first conversation useful
1
Describe the care in order
Record when the operation happened, along with what you were told about the complication. Include the surgeon's name and any later treatment, noting when you first began to suspect an error. Before calling, you don't have to establish the legal cause.
2
Ask who will assess the records
Find out who would stay in contact with you, including which lawyer would read your chart. Before a medical opinion is obtained, how does the firm decide it's needed? To start a claim in Ontario, you don't need a certificate of merit. Under the court's rules, though, expert reports addressing the standard of care and causation must still be served.
3
Check the office and contact arrangements
If you'd prefer Vaughan, Singer Kwinter has an office there; several other entries are in Toronto or North York. Confirm your meeting location. If reviews mention delays or missed follow-ups, ask specifically how you'd receive updates on your file.
If a firm offers a free consultation, you can ask whether it would accept your case. Later record reviews or medical opinions aren't necessarily free just because that meeting is. If the claim fails under a contingency arrangement, there's no legal fee; otherwise, the lawyer receives a share of a recovery. Discuss expenses on their own. While the claim proceeds, who pays those expenses, and what could you owe if the claim doesn't succeed?
Ask how the written fee agreement treats expenses before you agree to sign it.
If you're promised a result, be wary. You can't predict your own case's outcome from another case's published verdict.
When reading reviews, look for contact patterns rather than proof of surgical litigation experience. For comparable work, ask the lawyer directly.
If the claim involves a child, timing rules differ. If someone has been appointed as a litigation guardian, tell the lawyer (that's the person who acts for the child in the claim). Don't treat this general information as legal advice. To understand how the rules affect your family's circumstances, speak with an Ontario lawyer.
Questions people ask
How long do I have to start a surgical error claim in Vaughan?
Once you discover a claim, Ontario generally gives you 2 years to start it. You must know, or reasonably be expected to know, about the injury and the health care provider's contribution to it; discovery also includes knowing whether a lawsuit was appropriate in the circumstances. Alongside that deadline, the Limitations Act, 2002 sets a 15-year ultimate period. Ask an Ontario lawyer to assess your dates. The surgery date alone doesn't necessarily tell you the deadline.
What should I do before contacting a lawyer?
Using the records you already have, put together a short timeline. Record when you suspected something had gone wrong, along with the operation date and what you were told afterwards. Include details of later treatment with your hospital correspondence. Before you have the full chart, you can still discuss the filing deadline with a lawyer; ask which records you'll need to obtain.
Can I speak with a lawyer without paying for the first consultation?
Free consultations are offered, according to their statements, by Thomson Rogers LLP and Bergel Magence LLP, along with Bogoroch & Associates LLP and Diamond and Diamond Lawyers. There's no stated arrangement here for Paul Cahill or Singer Kwinter. Before booking, check what you're getting from the consultation. If you have that first conversation, it may help you understand how the firm takes on cases. Later record reviews or medical opinions won't necessarily be free just because that conversation is.
Does a contingency fee mean there are no costs if I lose?
If the claim fails under a contingency fee, there's no legal fee; if there's a recovery, the lawyer receives a share. Expenses aren't included. Contingency fees are offered, according to their statements, by Bergel Magence LLP and Bogoroch & Associates LLP, as well as Diamond and Diamond Lawyers. Before obtaining records and medical opinions, ask who pays. If the case fails, what does the written agreement say you'd have to pay in expenses?
Do I need a medical certificate before filing?
To start a malpractice claim in Ontario, you don't have to provide an affidavit or certificate of merit. Under the court's rules, though, expert reports about the standard of care and causation must, in practice, be served. If the medical evidence says the care fell short, it must also address whether that caused or contributed to your injury. Before those opinions are obtained, ask how the lawyer would arrange them.
Are the deadlines different if my child was injured during surgery?
Yes. Until a child turns 18, the 2-year period doesn't run if there's 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. This rule is addressed in Wong v. Lui, 2023 ONCA 272. Before appointing a litigation guardian, ask an Ontario lawyer what that appointment means for your child's dates.
How long will a surgical error lawsuit take?
You can't apply one fixed completion time to every claim. Once the lawyer has reviewed the records, ask what happens next, including how medical opinions are obtained and expert reports served under Ontario's court rules. You'll also want to know how you'll hear about progress. Because reviews for some listed firms report delays, ask how you'll stay in contact, and get a clear explanation before you sign.
Can I contact these firms if a loved one died after surgery?
Yes. Wrongful death work is listed by Thomson Rogers LLP and Bergel Magence LLP, along with Bogoroch & Associates LLP and Diamond and Diamond Lawyers. Following a mother's death, Paul Cahill publishes a successful trial involving medical negligence. The care in that case was emergency care, not surgery. With the treatment dates and hospital correspondence, an Ontario lawyer can assess which deadlines apply and who may be able to bring a claim.
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. If you're claiming non-pecuniary damages, a judge-made national cap limits compensation for losses such as pain and suffering. To find out which losses could be assessed in your circumstances, ask an Ontario lawyer. You can't use a firm's published verdict to put a value on your claim.
Do I need a lawyer whose office is in Vaughan?
Office location is a practical consideration, not proof of relevant case experience. Singer Kwinter has a Vaughan office, while Bergel Magence LLP's office is in North York, 8 km away. Several other listed offices are in Toronto. Confirm where meetings would take place and who would handle your file. Ask about surgical error work before choosing on location alone.
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Jeremy Syrtash
