Shakeup to Medical Malpractice System Coming

February 27, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In Canada, if you have been hurt by a health-care mistake, the only way you can get justice is by suing for malpractice. It appears though that Canada’s medical malpractice system is about to undergo significant changes. The current system has been under fire from patients and lawyers alike. In Canada, all physicians are covered for malpractice through a non-profit association. The provinces subsidize the premiums doctors pay. The estimates nationally are that the governments pay about 85% of the premium costs.

It appears though, that changes to the system are coming soon. A largely unpublicised review has been taking place by a former judge who is conducting a review commissioned by Ontario’s health minister Eric Hoskins. Many hope that any recommended changes could be adopted across Canada. They point to the expense of the system, and the results for those who have been injured resulting from malpractice.

Malpractice lawyers are optimistic about changes that may be proposed, while the physician’s liability insurer the Canadian Medical Protective Association (CMPA) has declined any comment at this point. What they have indicated in their annual report is that the Association has assets of almost $4 billion but potential liabilities leave over a $90 billion unfunded liability.

There are systemic problems in the healthcare system resulting in some 70,000 patients subjected to medical errors every year (2004 data) in Canada, with thousands of errors resulting in patient death. Some mistakes are directly attributable to one action or individual, but many are more systemic in nature. The only recourse for patients or their families is to go through the courts. Data from the CMPA shows they spend almost as much on their lawyer fees as on settlements, but that the number of lawsuits has dropped in the last decade.

Critics say that this goes hand in hand with the CMPA’s practice of hiring aggressive lawyers, using scorched earth defence strategies even when negligence is clear cut. They accuse the CMPA of prolonging litigation to the detriment of injured patients and the families of dead ones.  They argue that physicians’ premiums should reflect their records (number of suits filed against them), that the CMPA’s mandate by changed from one of protecting reputations, to one of efficiently compensating injured patients.

The results of the report are eagerly awaited, and may result in more efficient and fair compensation for the thousands of Canadians who die or are injured due to medical errors in Canada.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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