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Trusted Medical Malpractice Lawyers in Toronto
At Sommers Roth & Elmaleh, we have dedicated our practice to representing victims of medical malpractice and negligence for over four decades. Our firm specializes in complex cases involving birth injuries, cerebral palsy, misdiagnosis, and hospital errors, providing compassionate and expert legal guidance to families across Canada. With a legacy of setting legal precedents and securing landmark settlements, we combine deep medical knowledge with unwavering advocacy to ensure our clients receive the financial security and justice they deserve.

Our team of seasoned lawyers is committed to transparency, ethical representation, and relentless pursuit of accountability in the medical field. Recognized nationally and internationally, we pride ourselves on handling cases others deem unwinnable, offering a free consultation and operating on a contingency fee basis to remove financial barriers for our clients.
Services
Medical Malpractice Birth Injury Claims Cerebral Palsy Cases Misdiagnosis Litigation Hospital Negligence Obstetric Malpractice Pediatric Malpractice Pre-Natal Testing Errors Surgical Errors Wrongful Death Claims
Highlights and features
  • 40+ years of specialized experience in medical malpractice litigation
  • Contingency fee basis: No payment unless we win your case
  • Recognized as top legal experts by peers and courts nationwide
  • Compassionate approach prioritizing client well-being and transparency
  • Proven track record in complex, high-impact medical negligence cases
Associations and certifications
  • Lexpert
  • Best Lawyers in Canada
What people say
Life-changing compensation Compassionate representation Legal expertise Transparent communication Dedicated advocacy
Services
Medical Malpractice
Our medical malpractice practice focuses on holding healthcare providers accountable for preventable errors causing life-altering harm. We represent clients nationwide in cases involving misdiagnosis, surgical mistakes, and birth injuries. With decades of experience, our team combines legal expertise and medical knowledge to secure compensation for ongoing care, lost income, and pain and suffering, ensuring families receive the resources needed for long-term recovery and stability.
Birth Injury Claims
Specializing in birth injury litigation, we advocate for families affected by preventable labor and delivery errors. Our lawyers handle cases involving cerebral palsy, shoulder dystocia, and hypoxic injuries caused by medical negligence. We work with top medical experts to prove liability and secure comprehensive settlements covering lifelong therapies, home modifications, and specialized care, ensuring children receive optimal support for their developmental needs.
Cerebral Palsy Cases
We represent families seeking justice for children diagnosed with cerebral palsy due to medical errors during pregnancy or delivery. Our firm has secured multi-million-dollar settlements to cover medical expenses, mobility equipment, and educational support. With a deep understanding of both legal and medical complexities, we build robust cases against hospitals and practitioners responsible for preventable birth-related brain injuries.
Hospital Negligence
Our team investigates and litigates cases involving hospital staff failures, including medication errors, anesthesia mistakes, and inadequate post-operative care. We challenge systemic negligence in public and private healthcare institutions, securing compensation for victims of surgical errors, delayed treatments, and record falsification. Our approach emphasizes transparency and accountability to prevent future patient harm.
Obstetric Malpractice
We specialize in obstetric malpractice cases arising from prenatal testing errors, failure to diagnose conditions like pre-eclampsia, and improper labor management. Our lawyers have established legal precedents ensuring rural and urban patients receive equal care standards. We secure funds for neonatal intensive care, developmental therapies, and long-term support services for families impacted by preventable birth complications.
People
Hilik Y. Elmaleh
Principal Lawyer
With over 25 years of medical malpractice experience, Mr. Elmaleh has secured landmark verdicts for birth injury victims. Recognized in Best Lawyers in Canada, he combines legal acumen with medical expertise to navigate complex cases, prioritizing client well-being and transparent communication throughout litigation.
Jeremy M. Syrtash
Senior Associate
Specializing in pediatric malpractice, Mr. Syrtash advocates for children harmed by diagnostic errors. His dedication to client support and meticulous case preparation has earned him recognition as a rising leader in medical negligence litigation across Ontario.
Richard J. Sommers
Founding Partner
A pioneer in Canadian medical malpractice law, Mr. Sommers established legal precedents in rural healthcare standards. His legacy of challenging powerful institutions continues to shape the firm's approach to advocating for vulnerable patients nationwide.
Questions
What constitutes medical malpractice in Canada?
Medical malpractice occurs when healthcare professionals breach the standard of care, causing preventable harm. This includes misdiagnosis, surgical errors, birth injuries, and medication mistakes. Our firm helps prove negligence and secure compensation for affected families.
How much does it cost to hire your firm?
We work on a contingency fee basis – you pay nothing unless we win your case. This ensures access to justice without upfront legal costs for victims of medical negligence.
What areas of Canada do you serve?
We represent clients nationwide, including Ontario, Alberta, Saskatchewan, Quebec, and British Columbia, handling complex cases regardless of geographic location.
How long do medical malpractice cases take?
Cases typically take 2-5 years due to complexity, but we expedite proceedings where possible. Our team manages all aspects to minimize client stress while pursuing maximum compensation.
Can I sue for birth injuries?
Yes, if preventable errors during pregnancy or delivery caused harm. We specialize in cerebral palsy, shoulder dystocia, and hypoxic injury cases, helping families secure resources for lifelong care.
What compensation can I recover?
Successful claims cover medical expenses, home modifications, lost income, pain and suffering, and future care costs. We secure funds for therapies, mobility equipment, and educational support tailored to each client's needs.