Law Firm Profile
Following over 20 years of work in large legal firms, Jeffrey Strype founded Strype Barristers LLP in 2001. Strype knew he could be a more effective medical malpractice litigator if he started his own smaller, specialized firm.
Why do people choose Strype Barristers?
We are trusted to provide sound legal advice and obtain cutting edge results.
What is Medical Malpractice?
Medical malpractice occurs when the medical treatment received falls below an acceptable standard of care. Only about 10% of possible claims actually are investigated.
Do I have a Case?
This is both a legal and a medical question. A thorough review of your medical care, together with an expert opinion from a medical specialist is the basis for our advice that in our opinion you have a case in medical malpractice.
How Do I Begin?
After we receive a medical opinion that indicates your medical care fell below the standard of care that you should have received, our firm will draft a Statement of Claim. We then have it issued by the court.
What is a Statement of Claim?
The Statement of Claim in a medical malpractice case must clearly identify the medical issues. Before this claim is issued, we will arrange for you to be examined by one or more specialist doctors. These doctors will give us an opinion on the extent of your physical damages and whether those damages were caused by medical negligence.
Damages:
Damages for pain and suffering depend on the severity of the injuries which resulted from the medical malpractice.
Future Care:
You may be referred to a physiatrist, specializes in rehabilitation issues; or an Occupational Therapist for an opinion on your future care needs.
Loss of Income:
If you have sustained a loss of income, it may be calculated by a forensic accountant or an actuary. If your career has been interrupted you may be referred to a vocational psychologist. Likewise, if your career has not yet started, we may analyze your parents' careers and your academic achievement prior to the incident to determine your potential future loss of income.
Family Law:
These laws are designed to compensate family members for a change in your relationship or the provision of nursing care.
What is the Time Limitation to Issue a Claim?
Adults have two years from the time you became aware that you had a claim for medical malpractice. Although this period may occasionally be extended, I encourage my clients to issue their claim within the two year period if possible.
Infants and Children have until they are 18 years of age, plus two years, to start their claim, HOWEVER, if you wait that long, records could be missing and witnesses could lose their recollections. In my practice we treat infant claims within the same time frame as the adult claim. Any birth trauma case should be investigated immediately.
The Defence:
Medical Malpractice claims are defended rigorously by experienced lawyers and doctors. The medical profession is represented by the CMPA, the Canadian Medical Protective Association. This is like an insurance company. The CMPA's lawyers vigorously challenge every claim suggesting medical malpractice. They will provide us with the Statement of Defence, challenging us to prove our case.

