HOW THE CANADIAN JUDICIAL SYSTEM DIFFERS FROM THE UNITED STATES, RESULTING IN DIFFERENT MEDICAL MALPRACTICE CLAIMS.
Often, large jury awards for personal injury claims occur in the United States. The American Jury Awards can seem to be out of proportion to the actual injury. In Canada, the judicial system works differently, with awards often being significantly lower than those awarded for similar injuries in the US. This is due to the “Damages Trilogy”; three decisions made by the Supreme Court of Canada which put a cap of up to $100,00 on damages. The decisions made in 1978 have adjusted to about $390,000 after inflation.
An article published by Wagners identifies important differences between medical malpractice claims made in the United States versus those made in Canada.
The CMPA in Canada
Another difference between the claims made in the United States and Canada results from an organization called the Canadian Medical Protection Association (CMPA). In Canada, most doctors are defended by the CMPA, a non-profit that operates similarly to an insurer.
Well known for providing defendant doctors with strong defences, the organization spares no expense when hiring experts and lawyers. In 2007, it was reported that the CMPA had 2.9 billion dollars at its disposal to protect doctors. For Canadian victims of Medical Malpractice and those who defend them, this creates overwhelming challenges with low financial odds for the plaintiff. Obtaining justice and fair compensation for injuries can be an immense struggle as finding a strong expert opinion can be costly.
Studies on Medical Malpractice in Canada
An often-referenced study by the Canadian Medical Association Journal found that over 87,000 patients suffered from an adverse event in hospitals every year. The study also found that as many as 24,000 patients died each year in hospitals as a result of a medical error.
Of these staggering numbers, between 2002 and 2006, only 5,246 lawsuits were filed against doctors in Canada as reported by the CMPA. This comes to about 1,000 lawsuits per year, meaning that 99% of Medical Malpractice victims did not file a claim.
MedMalDoctors has an extensive list of specialists and expert witnesses to serve lawyers in their Medical Malpractice cases.
MedMalDoctors provides expert evidence-based opinions on Causation and Standard of Care regarding potential Medical Malpractice. To learn more about how MedMalDoctors can assist you in your next Medical Malpractice case, call us at 1.800.590.9631 or send an email to marketing@medmaldoctors.ca.
From Wagners Personal Injury Lawyers