05/06/2026
The most useful thing a medical malpractice lawyer can sometimes do for a prospective client is tell them not to sue.
After nearly two decades of these cases in Ontario, the question I hear most on a first call is whether someone can bring a claim. Yes, you can. The harder question is whether you should.
In a new piece on the blog, I walk through what I tell new clients every week. What Ontario law actually allows. The cap on general damages. Why proving causation defeats most cases that look strong on paper. The cost of running a claim against a defence funded by the CMPA. Why only about 30% of medical malpractice cases settle. And the two-year limitation period that quietly closes the door on otherwise meritorious claims before patients even start looking for a lawyer.
For a small number of patients and families, particularly those facing catastrophic, lifelong consequences from clearly substandard care, civil litigation is the right answer. For many others, the candid advice is that a lawsuit will do more harm than good.
Worth a read if you, a family member, or a colleague is weighing the question.
Yes, you can sue for medical malpractice in Ontario. The harder question is whether you should. After two decades of these cases, the candid advice for many prospective clients is to think very carefully before going forward, and in some cases, not to go forward at all.
