Neinstein and Associates Medical Malpractice Expertise

One of the most difficult areas of personal injury law in which to win compensation is medical malpractice. In Canada, despite excellent access to free universal healthcare, the systems in place make it exceptionally challenging for patients to file meaningful complaints against physicians. Doctors are defended by the Canadian Medical Protective Association (CMPA), which has deep pockets and access to leading medical and legal guidance.

However, just because it’s difficult doesn’t mean that patients shouldn’t seek compensation for injuries to loved ones or themselves. At Toronto’s Neinstein and Associates personal injury lawyers, a specialized team called the Medical Malpractice Group focuses solely on representing patients and the families of patients who have been injured by instances of negligence or omission by healthcare professionals or institutions.

Neinstein Personal Injury Lawyers Medical Malpractice Group represents clients in a number of areas of medical malpractice. These include:

  • Birthing Injuries
    • Hypoxic Ischemic Encephalopahty
    • Brachial Plexus (Shoulder Dystocia)
    • Perinatal Stroke
  • Acquired Brain Injuries
    • Ischemic Stroke
    • Hemorrhagic Stroke
    • Carotid Dissection
    • Brain Abscess
    • Pseudo-tumor Cerebri
    • Hydrocephalus
    • Carotid Stenosis
  • tPA Administration (Tissue Plasminogen Activator)
  • Atrial Fibrillation
  • Surgical Negligence
    • Anastomotic Leak
    • Bowel Obstruction
    • Injury to major blood vessels
    • Injury to surrounding organs
    • Laparoscopic Surgery
    • Whipple Resection
    • Shunt complications
    • Laparoscopic Cholecystectomy
    • Colectomy
    • Anaesthesiology
    • Failure to monitor
  • Cardiac Arrest
  • Sepsis
  • Hypoxic Brain Injury
  • Breast/Colon/Lung/Prostate Cancer
  • Failure to Monitor
    • Pre-operatively
    • Perioperatively
    • Post-operatively
  • Medication Errors
  • Nursing Errors

While each of these areas of expertise can result in traumatic physical and emotional pain, birthing injuries can be exceptionally painful as they may affect both mother and child.

Nick & Katerine are former clients of Neinstein & Associates, where they hired Duncan Embury and his team to represent them after their daughter suffered a birthing injury.

“Our daughter Niko wasn’t properly monitored during the labour, and when she was born she had no vital signs,” explains Katerine. “She was born with an emergency vacuum. The result was a massive brain injury – Hypoxic Ischemic Encephalopathy.”

“She came out pretty much blue,” adds Nick. “She wasn’t breathing, and they had to revive Niko right in the room, with us there.”

Watch Katerine and Nick’s full testimonial below:

As a result of her injuries, Niko suffered severe disabilities at birth. Nick and Katerine were lucky to find Duncan and his team, who successfully resolved their case in approximately four years. They call the benefit to their daughter “life changing.”

Unfortunately, mental disabilities are a common result of birthing injuries. Cerebral Palsy, for instance, is caused by damage to parts of the brain which posture, balance and movement. Although most often occurring during pregnancy, this damage can also occur during or just after child birth. .

Matthew C Casey gives an overview of Cerebral Palsy for the Legal Examiner:

The most common symptoms of cerebral palsy are low muscle tone, stiff or weak muscles and poor coordination. There may also be problems with sensation, vision, hearing, swallowing and speaking.  Most babies with CP don’t hit their normal milestones and will have delays in rolling over, sitting up, crawling, walking and talking. About one-third of patients with CP have difficulty with thinking and reasoning, and may also experience seizures throughout their life.

If you or a member of your family has suffered a birthing injury, contact the personal injury and medical malpractice lawyers at Neinstein and Associates. Their years of experience can help you get the compensation you deserve for your pain and suffering.

Additional Reviews from Neinstein

Read more about Neinstein Personal Injury Lawyers here:

Have you or a member of your family suffered a brain injury? Here’s what to do.

Of all the injuries that can result from an accident, a brain injury can be among the most damaging. A serious brain injury can have immediate and lasting effects on your ability to communicate and function in day-to-day life, and even minor injuries can result in effects later in life. For instance, concussions have become a point of national concern in Canada, often in relation to football and hockey injuries in youth. Studies have suggested that repeated minor head injuries can increase your chances of developing Alzheimer’s and other sorts of dementia later in life.

The Northern Brain Injury Association has some excellent resources on their website,, and provide some telling statistics in the following excerpt:

Of all types of injury around the world, injuries to the brain are among the most likely to result in death or permanent disability. In fact, brain injury is currently a leading cause of death and disability worldwide.

The annual incidence of acquired brain injury in Canada is 44 times more common than spinal cord injuries, 30 times more common than breast cancer, and 400 times more common than HIV/AIDS. In fact, brain injury occurs at a rate greater than that of all known cases of Multiple Sclerosis, Spinal Cord Injury, HIV/AIDS and Breast Cancer per year combined.

Brain injury receives far less funding nationally than any one of the above issues does provincially.

452 people suffer a brain injury every day in Canada. This amounts to one person injured with a traumatic brain injury every 3 minutes.

Brain Injury occurs at a rate of 500 out of 100,000 individuals yearly in Canada. From a population of 33,000,000, that translates to 165,000 brain injuries per year.

Of those, tens of thousands of become partially or permanently disabled, and more than 11,000 Canadians die.

If you have suffered a brain injury in an accident, you may be entitled to compensation for your injuries. You should contact a personal injury lawyer, such as Neinstein and Associates of Toronto, to learn whether you have the basis for a claim.

An example of the sort of care a personal injury lawyer can provide for someone who has suffered a brain injury can be found in the following video clip. Leah was out with some friends in Toronto when she was struck and dragged by a streetcar. She was not originally expected to live, and when she did survive had a laundry list of serious injuries, including a brain injury, which resulted in her being put in an induced coma for weeks.

Her mother contacted Neinstein Personal Injury Lawyers, who Leah says “took over” her care.

“They took care of everything,” Leah says in the video. They went above and beyond what I’d expect. I remember being told several times my job was to just get well and focus on my recovery. Day to day I didn’t have to worry about a thing.”

Lawyer Stacy Koumarelas was Leah’s primary contact at Neinstein, and she helped to assemble a team of physiotherapists, occupational therapists, speech pathologists, massage therapists and other healthcare professionals to expedite Leah’s recovery. Check out her testimonial here:


Neinstein Personal Injury Lawyers

Neinstein and Associates is a top-rated, Toronto-based personal injury and medical malpractice law firm. Based in the heart of the city’s pulsing downtown, Neinstein has become one of the Province of Ontario’s premier personal injury law firms thanks to 45 years of dedicated hard work, an enviable team of experienced attorneys, and consistent referrals from their many satisfied clients.

Neinstein Personal Injury Lawyers headshots

Who Do Neinstein Personal Injury Lawyers Represent?

Neinstein has a reputation not only for providing quality legal services, but also for understanding and compassion toward their clients. Their decades of experience have provided Neinstein & Associates’ personal injury lawyers with unique insights into the mental and emotional toll that a serious personal injury can have on both the victim and their families.  Neinstein’s expertise extends to a variety of aspects of personal injury law. This breadth of legal ability allows Neinstein personal injury lawyers to represent a range of victims suffering from various injuries. Some of their areas of expertise follow below.

Motor Vehicle Accidents

If you have been injured in a motor vehicle accident of any kind – as the driver of a car or motorcycle, as a pedestrian, or as a cyclist – Neinstein Personal Injury Lawyers can help you access the compensation you may bebad car accident entitled to. Motor vehicle accidents are behind a great number of personal injury lawsuits. Whether caused by impairment, distraction, speed, fatigue, weather, or any other cause, traffic fatalities have been a leading cause of death in North America for decades.  While not every motor vehicle accident will result in the basis for a personal injury claim, in some cases you may be entitled to compensation. A free, no-obligation consultation with one of Neinstein & Associates’ personal injury lawyers can help you decide whether to pursue compensation for your injuries.

Medical Malpractice

Duncan Embry from Neinstein
Duncan Embry

In Canada, medical malpractice lawsuits are notoriously difficult to litigate. Canadian doctors are defended by the Canadian Medical Protective Association (CMPA), a powerful and well-funded organization with access to leading defence lawyers and medical experts. The CMPA has a reputation for being extremely combative in court as a method of dissuading injured patients from pursuing legal action. For this reason, a good medical malpractice lawyer must be exceptionally knowledgeable on both the legal and medical sides of these claims. They must have access to qualified medical experts willing to testify on your behalf, as well.
Neinstein’s Medical Malpractice Group is led by Duncan Embury, one of Canada’s leading personal injury lawyers and a specialist in medical malpractice law. With over 20 years of experience, he has been recommended not just by former clients, but also by leading Canadian legal publications.

Medical malpractice can take many forms, and may be difficult for patients to recognize. Examples of medical malpractice include: birthing injuries (including hypoxic ischemic encephalopathy, brachial plexus, and perinatal stroke); acquired brain injury (including ishemic stroke, hemorrhagic stroke, carotid dissection, brain abscess, pseudo-tumor cerebri, hydrocephalus, and carotid stenosis); tPA administration; atrial fibrillation; surgical negligence (including anastomotic leak, bowel obstruction, injuries to major blood vessels, injuries to surrounding organs, laparoscopic surgery, whipple resection, shunt complications, laparoscopic cholecystectomy, colectomy, anaesthesiology, and failure to monitor); cardiac arrest; sepsis; hypoxic brain injuries; breast, colon, lung, or prostate cancer; failure to monitor, either pre-operatively, perioperatively, or post-operatively; medication errors; and nursing errors.
woman slipping and falling
Just by reading this list of medical malpractice cases alone, it’s easy to understand the importance of a specialized medical malpractice lawyer. If you’re unsure whether you have the basis for a claim, your best bet is to call the medical malpractice lawyers at Neinstein and Associates. They can provide you with the guidance and understanding necessary in your time of need.

Slip and Fall

While a slip and fall might seem like an unusual time to incur a serious injury, it is another common source of personal injury lawsuits. While most young people will be able to navigate the icy Canadian winters with nothing worse than the occasional blemish, slippery winter roads can be exceptionally treacherous for elderly or disabled people.

However, winter weather isn’t the only cause of a slip and fall. If you slip on a wet patch in the hallways of your workplace, or a spot of grease in a kitchen or restaurant you’re visiting, or even by stepping in a puddle during a rainy day, you may be entitled to compensation. A head injury, regardless of how it is sustained, can lead to serious, lasting health problems. Even worse, repeated head injuries can increase your chances of suffering from dementia later in life.

Wrongful Death

The loss of a family member or close friend can be devastating, regardless of the circumstances. When the death may have been preventable, the pain can be even worse. While no dollar figure can replace a cherished loved one, wrongful death litigation may help you cover certain costs associated with your loss, including funeral costs, grief counselling, and the loss of financial support that loved one may have provided.

Brain Injury

As we touched on briefly in the slip and fall section, brain injuries are among the most serious types of injury a person can sustain. If you have suffered from a serious head injury which has left you unconscious for a long brain injuryperiod of time, the effects on your health can be permanent. But even in cases where you do not necessarily lose consciousness, such as a concussion, you may experience residual effects.
Both the National Football League (NFL) and National Hockey League (NHL) are currently dealing with the long term affects the violent nature of their sports has had on retired participants. The NFL is dealing with a high-value lawsuit from former players, while the NHL has lost numerous alumni to depression, substance abuse, and suicide, all potentially resulting from the repeated blows to the head they incurred as players.

If you or a member of your family has been adversely affected by a head or brain injury, the personal injury lawyers at Neinstein and Associates can help you get the compensation you need to facilitate your recovery. Rehabilitation, counselling, and other medical expenses can be costly, but are necessary to your healthy recovery. At Neinstein, we can help you cover your medical costs and get back to being yourself.

Neinstein Personal Injury Lawyers Testimonials and Reviews

At Neinstein & Associates, we are proud to have represented numerous clients who are willing to speak out about the quality of our services. You can find a few in the video testimonials below:


Several years ago, Jeff was involved in a serious ATV accident.

“I had an ATV accident,” he says. “I was going up a hill. It was a bit steep, and I ended up rolling the ATV – it rolled backwards and I fell off and the ATV was gonna hit me. I didn’t have time to move, so I put my feet up in the air to protect my body, and it came down and basically snapped me in half. Broke my back.”

Jeff, naturally, was terrified. He speaks about giving up when he thought about being unable to continue with the pursuits he was used to doing. Luckily, he heard about a Greg Neinstein through one of his wife’s coworkers. He says Greg promised to take care of him while he focused on getting stronger and getting back on his feet. Today, he considers Greg a personal friend.

“I think it’s a great firm,” Jeff continues. “The team he assembled was an incredible team. The physiotherapist, the occupational therapist – the whole thing was good. I’ve never had any issues with anybody at Neinstein. It was a great experience actually. My family thanks you, my kids. You’ve taken the worst moment of my life and made it a little bit easier to deal with.”


Serge, a lawyer himself, was involved in a motor vehicle crash that left him with a fractured scapula, a brain injury, and no memory of his accident. Knowing the specialized expertise necessary in successfully litigating personal injury cases, Serge turned to Jeff Neinstein, and says the firm exceeded even his lofty professional expectations:

“What I do have a memory of is Jeff and his team helping me recover every step of the way,” Serge says. “Without specialized knowledge of personal injury law, cannot handle the case on my own. I needed an experienced professional to help me handle my case. As a lawyer, naturally I have high expectations of another lawyer. Jeff not only met my expectations, but he exceeded them every step of the way. I’m feeling great thanks to Jeff and his team.”

You can also read some of the phenomenal reviews on

Contact Neinstein and Associates today

The personal injury lawyers at Neinstein & Associates understand the limitations of a personal injury lawsuit. No settlement can make up for the loss of a loved one, the loss of financial security, the loss of mobility that a Neinstein Top 10 Personal Injury Firmserious personal injury can cause. However, they understand both the emotional, mental, and financial stress a personal injury victim and their family may be under, and are here to provide the advice, guidance, and understanding necessary to facilitate a speedy and successful recovery.

If you’d like to get in touch with a Neinstein & Associates personal injury lawyer, you have a number of options. Contact Neinstein Personal Injury Lawyers website to fill out a confidential consultation form or speak to a representative via their live chat service You can also fall for a free, no-obligation consultation, or connect via social media.