Sommers Roth & Elmaleh

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Sommers Roth & Elmaleh “…Sommers Roth & Elmaleh is recognized as one of the leading medical malpractice firms in Canada” See some of our cases and selected reported decisions here.

Sommers Roth & Elmaleh was established by eminently respected litigators Richard J. Sommers and Robert Roth, who have been reported as “perhaps the highest-profile medical negligence lawyers in the country.” Mr. Elmaleh, the firm’s current Principal, joined the firm in 1996 and quickly became the firm’s leading lawyer and assumed responsibility for managing the entire practice. By virtue of his successful, precedent-setting advocacy on behalf of his clients, Mr. Elmaleh has been ranked by Lexpert, the Canadian Legal Expert Directory and Best Lawyers in Canada. Our firm’s particular area of interest has always been representing people injured by medical malpractice, and especially infants who were brain damaged or physically damaged at birth due to medical or nursing negligence. Our lawyers have represented injured clients in some of Canada’s leading medical malpractice trials, in the Court of Appeal and even the Supreme Court of Canada. We have won awards for our clients that have been the largest in Canadian history. Our first case, Yepremian v Scarborough, was a precedent-setting medical malpractice case that settled on the doorstep of the Supreme Court of Canada. The case is still taught in law school to this day. Since then, our lawyers have been counsel on some of the leading cases in medical malpractice litigation. Numerous decisions involving medical malpractice and general civil litigation issues in which our lawyers were counsel have been reported in various case law publications. These include: Crawford v. Penny, a case that was famous for many reasons (see Law Times Article), including being the largest Canadian personal injury (medical malpractice) award in Canadian history; Williams (Litigation Guardian of) v. North York General Hospital (expectation for a nurse to be knowledgeable about the drugs they administer); Tsur-Shofer v. Grynspan (a physician has a duty physician to take care with respect to unborn children); Soldwisch v. Toronto Western Hospital (medical malpractice victims have a right to trial by jury); Gutbir v. University Health Network (the destruction of medical records); and many others. Our current hand-picked team of lawyers continues the legacy started by leaders in medical malpractice, and is dedicated to helping patients and their families whose lives have been drastically changed as a result of birth injury, medical negligence, or other medical error. We have been recognized by our peers as being among the best medical malpractice lawyers in Toronto and as top medical malpractice lawyers in both Ontario and Canada. Many of our clients are referred to us by former clients, lawyers, Judges, doctors and even Canadian medical-legal experts. We are frequently mentioned in the media, and are very well respected by our peers and the medical community. We challenge the medical profession to uphold its standards and quality of care to the public. We are regularly consulted by influential members of the legal profession on difficult medical malpractice cases in Canada and internationally. We have assisted clients across Canada, the United States and from as far away as the Middle East and Australia.

When a newborn requires intensive medical care, every decision can matter.  care involves close monitoring, timely inter...
10/16/2026

When a newborn requires intensive medical care, every decision can matter.

care involves close monitoring, timely intervention and careful attention to a newborn’s changing needs. When errors or failures in care occur, they may have serious consequences for a baby and their family.

Our latest blog explores NICU negligence in Ontario hospitals, including common concerns families may encounter and when may become a concern.

Read our blog: https://heyor.ca/q34HJ3

Today, we remember the babies and pregnancies lost and stand with the families who continue to carry their memories.Behi...
10/15/2026

Today, we remember the babies and pregnancies lost and stand with the families who continue to carry their memories.

Behind every loss is a family, a story and a lasting impact that deserves compassion and understanding.

Every family deserves compassionate care, clear communication and a commitment to patient safety.

At , we support families seeking answers when concerns about medical care arise following a pregnancy or infant loss.

 : A case involving missed signs of serious heart disease and the consequences of delayed medical care.  represented the...
10/14/2026

: A case involving missed signs of serious heart disease and the consequences of delayed medical care.

represented the deceased’s estate after a 42-year-old man died from an acute heart attack.

The case raised concerns about inadequate testing, missed follow-up and despite earlier indications of heart disease.

Learn more about this case: https://heyor.ca/DLbg0X

When you trust a hospital with your care, you expect appropriate attention, communication and treatment.  can include me...
10/12/2026

When you trust a hospital with your care, you expect appropriate attention, communication and treatment.

can include medication mistakes, surgical errors, failures to monitor patients and other lapses in care that may result in serious harm.

represents individuals and families who have concerns about injuries resulting from negligent hospital care.

Learn more: https://heyor.ca/3Jp2gW

  can occur before a baby is even born.The care provided throughout pregnancy can play an important role in identifying ...
10/09/2026

can occur before a baby is even born.

The care provided throughout pregnancy can play an important role in identifying complications and reducing the risk of preventable birth injuries.

Understanding how prenatal errors can affect a pregnancy is important for families seeking answers about their care.

Read our blog to learn more about Prenatal and how it can contribute to birth injuries: https://heyor.ca/XjXWFG

  Frequently Asked 👇Q: Can   affect both the mother and baby?A: Yes. Midwife Negligence can result in injuries to both t...
10/08/2026

Frequently Asked 👇

Q: Can affect both the mother and baby?

A: Yes. Midwife Negligence can result in injuries to both the mother and baby.

Babies may experience conditions such as Cerebral Palsy, Erb’s Palsy, brain damage, infections or stillbirth, while mothers may experience complications such as infections, uterine rupture, hemorrhage or stroke.

Learn more: https://heyor.ca/46CtwP

 : The Ontario Court of Appeal awarded over $14 million to the family of a girl who suffered severe disabilities followi...
10/07/2026

: The Ontario Court of Appeal awarded over $14 million to the family of a girl who suffered severe disabilities following complications associated with intrauterine growth restriction.

represented the family in this case, which involved concerns about inadequate monitoring and a failure to deliver the baby earlier despite signs of deteriorating fetal health.

Learn more about this case: https://heyor.ca/L6e7kM

This  , we raise awareness and stand with families living with Cerebral Palsy.  can have different causes, including bra...
10/06/2026

This , we raise awareness and stand with families living with Cerebral Palsy.

can have different causes, including brain injuries that may occur before, during or shortly after birth.

When a birth-related injury may have resulted from , families deserve answers and support.

Our lawyers at have experience helping families affected by Medical Negligence during pregnancy, labour and delivery.

When   occurs during delivery, timely and appropriate medical care can be critical.Shoulder Dystocia can lead to Brachia...
10/05/2026

When occurs during delivery, timely and appropriate medical care can be critical.

Shoulder Dystocia can lead to Brachial Plexus injuries and other serious complications affecting both mother and baby.

When proper precautions are not taken or the condition is not managed appropriately, families may have concerns about .

has extensive experience handling and Shoulder Dystocia cases.

Learn more about our service: https://heyor.ca/LkYqOW

When medical care results in unexpected harm, families need experienced legal support and clear answers.For more than 50...
10/02/2026

When medical care results in unexpected harm, families need experienced legal support and clear answers.

For more than 50 years, has focused on and serious personal injury law, representing patients and families in complex cases involving Medical Negligence.

From birth injuries and misdiagnosis to hospital errors and other serious injuries, our lawyers bring extensive experience to every case.

Get in touch with us today: https://heyor.ca/Sa3mE0

Address

268 Avenue Rd
Toronto, ON
M4V2G7

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