Medical Malpractice Lawyers

When a surgery goes wrong, a diagnosis is missed or a birth leaves a child injured, it is natural to wonder whether someone is responsible and what you can do about it. A medical malpractice lawyer can tell you whether your situation may support a claim against a physician, another health professional or a hospital, explain the other routes open to you, and guide you through a process that is demanding by nature. On this page you can see who handles medical malpractice claims on JustiConnect, check rates and availability, and book a consultation online.

Medical malpractice is one part of civil law. For contracts, property damage and other private disputes, see our page on civil lawyers.

What a medical malpractice lawyer does

Whether you are the patient or a family member, a lawyer can:

• Review what happened: obtain and read your medical records and help you understand the care you received.
• Assess the claim: whether there may be a fault, a real injury and a link between the two, and which deadlines apply.
• Find the right experts: physicians in the relevant specialty who can give an independent opinion on the care.
• Explain your options: a complaint, a disciplinary request, a civil claim, or more than one.
• Negotiate or go to court: send a formal demand, discuss a settlement and represent you at trial if needed.

Common medical malpractice situations

• Surgical errors: an injury during an operation, a wrong procedure or a complication that was not properly handled afterwards.
• Misdiagnosis or delayed diagnosis: a condition such as a cancer, a heart problem or an infection that was missed or recognized too late.
• Birth injuries: harm to a baby or the mother linked to how a pregnancy or delivery was monitored and managed.
• Medication errors: a wrong drug or dose, or a known interaction or allergy that was overlooked.
• Consent problems: treatment given without proper consent, or without explaining the risks.

Medical liability under the Civil Code of Québec

Medical malpractice claims in Quebec rest on civil liability under the Civil Code of Québec. As with other civil claims, you generally have to prove three things: a fault, an injury and a causal link between them.

The fault is measured against a reasonably prudent and diligent physician in the same circumstances. A physician must provide competent, attentive care, but does not guarantee a result: a bad outcome, or an error in judgment that a careful colleague could also have made, is not automatically a fault. Causation is often the hardest part to prove.

Consent and the duty to inform

In Quebec, no one can be subjected to care without free and informed consent, except in specific situations such as some emergencies. Before a treatment, the physician must explain its nature, its benefits, the significant risks and the reasonable alternatives. If this information was not given and a risk materialized, a claim may be possible, but you generally also have to show that a properly informed person in your position would have refused the treatment.

Can you sue a hospital?

Yes, in some cases. A hospital or other health institution can be liable for its own failures, such as how care was organized, equipment or infection control, and for the fault of its staff, such as nurses. Physicians generally practise with more independence than employees, so who answers for a physician's fault depends on the facts. A claim may target the physician, the institution or both.

Complaints and disciplinary routes are not lawsuits

Many patients start with a complaint, and that can be useful. But these routes do not lead to compensation:

• Complaint to the institution: a hospital or health centre has a local service quality and complaints commissioner. Complaints about a physician are referred to a medical examiner. The goal is to examine the care and improve services.
• Collège des médecins: the Collège des médecins du Québec oversees how physicians practise. You can ask it to look into a physician's conduct, which may lead to disciplinary measures, but not to damages for you.
• Civil claim: only a claim before the courts, or a settlement, can compensate you for your losses.

These routes can run side by side, and filing a complaint does not stop the deadline for suing.

How a medical malpractice claim works in Quebec

• Get your records: your medical file from the hospital, clinic or physician is the starting point.
• Obtain an expert opinion: expert evidence is central in these cases, and it is often the most costly part. Without a supportive opinion from a qualified physician, a claim usually cannot go far.
• Send a demand: a formal notice setting out the claim.
• Expect a firm defence: physicians are generally defended through the Canadian Medical Protective Association (CMPA), and institutions have their own insurers. These cases are hard-fought and can take time.
• Settle or go to trial: many claims are negotiated; others are decided by the Superior Court or the Court of Québec, depending on the amount.

Prescription deadlines are strict, and the starting point can be debated when an injury only becomes apparent later. Get advice early.

When to get a lawyer

• You or a family member suffered a serious or lasting injury after care.
• You were told little or nothing about a risk that then occurred.
• A diagnosis was missed or delayed and your condition worsened.
• A child was injured around the time of birth.
• A family member died and you have questions about the care they received.

Preparing for your consultation

Write a timeline of the care: dates, places, names of physicians and what you were told. Bring any records or letters you already have, consent forms, prescriptions, complaint letters and answers, and a list of your losses, such as lost income or care costs. Ask the lawyer how they charge: contingency fee arrangements may be available for some medical malpractice cases, and the lawyer can explain who pays for expert reports.

Book a consultation on JustiConnect

Check who is listed below, look at their experience, rates and availability, and book a consultation directly. You can also use the medical malpractice lawyer search, see who is listed for Montreal, or read our guide on how to choose a lawyer in Quebec.

Frequently asked questions

Can you sue a doctor in Quebec?

Yes. If a physician's fault caused you harm, you can claim compensation in the civil courts. You must prove the fault, the injury and the causal link, usually with expert evidence.

Is a bad result the same as malpractice?

No. A physician does not promise a result. There is malpractice only if the care fell below what a reasonably prudent physician would have provided and that caused the harm.

Should I file a complaint or sue?

They serve different purposes. A complaint to the institution or the Collège des médecins examines the care or the physician's conduct; a civil claim seeks compensation. You can do both, but a complaint does not protect you against the deadline for suing.

How much does a medical malpractice case cost?

It depends on the case. Expert reports are a large part of the cost. Some lawyers may offer contingency fee arrangements; ask about fees and expert costs at your first consultation.