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ARTICLE · 24 FEBRUARY 2026

Wrongful Death Claims

In Ontario, when medical negligence leads to a patient's death, surviving family members may have the right to pursue a wrongful death claim.

CanadaFamily and Matrimonial

What Is a Wrongful Death Claim in Medical Malpractice?

In Ontario, when medical negligence leads to a patient's death, surviving family members may have the right to pursue a wrongful death claim. In the context of medical malpractice, a wrongful death claim arises when an individual dies because of the negligent acts of a doctor, nurse, or other healthcare professional. 

Medical malpractice leading to wrongful death can take many forms. 

Common Causes of Medical Malpractice Wrongful Death

These claims can arise in situations which include, but are not limited to: 

  • Misdiagnosis or delayed diagnosis 
  • Surgical errors
  • Medication errors
  • Birth injuries resulting in the death of a newborn or complications leading to the death of the mother

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