Following the Covid-19 pandemic, some law firms have seen a surge in consultation calls regarding alleged negligent medical treatment. In a recent article published by Canadian Lawyer magazine, the Toronto law firm Bogoroch and Associates LLP discusses why they believe the increased requests for medical malpractice cases are due to the Covid-19 pandemic.

A partner at the firm, Heidi Brown, perceives the standard of healthcare delivery to be declining across the board. Consultations regarding diagnostic errors and delayed diagnosis are becoming more frequent since the pandemic.

Factors such as virtual medical appointments may be contributing to the rising medical malpractice claims being sought out. Despite having the ability to see patients in person, physicians continue to see patients virtually and risk not having a full understanding of a patient’s symptomology.

It is no surprise that there have been several reports from hospital patients stating they were left in ERs for a lengthy period of time without receiving any care. In certain circumstances, physicians neglect to properly refer a patient, review their history thoroughly, or otherwise fail to uphold the standard of care, resulting in outpouring medical malpractice lawsuits.

Although clarity is still needed to determine how the courts will handle problems induced by the pandemic, Bogoroch states that the pandemic is not a viable defense.

Bogoroch added that

“legally and logically, it cannot provide an excuse or justification for substandard care and treatment.”

Healthcare providers still had a duty of care for their patients during the pandemic and several patients did not receive the duty of care owed to them due to a lack of effort made to ensure timely assessments, diagnoses, and treatments.

The law firm has needed to carefully select its cases as they continue to flood. Canada’s court system has been experiencing significant delays and Bogoroch noted that large expenses associated with the litigation may not always outweigh the recovery of the plaintiff.


MedMalDoctors has a network of medical experts that provides lawyers with opinions on Causation and Standard of Care regarding potential medical malpractice.

Our Medical Director, Dr. Roger Hodkinson, has particular interest in Covid related issues and he encourages you to call him for an exploratory conversation.

To learn more about how MedMalDoctors can assist you in your next medical malpractice case, please call us at 1.800.590.9631 or send an email to


From Canadian Lawyer Magazine