Canada's System of Liability Coverage in the Event of Medical Harm: Is It Time for No-Fault Reform?

Many Canadians believe that physicians have malpractice insurance via the Canadian Medical Protective Association (CMPA). However, the CMPA is not an insurance company; it is a defence fund for physicians and has no obligation to compensate all claimants. CMPA expenses have increased nearly tenfold...

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Bibliographic Details
Published in:Healthcare policy 2021-08, Vol.17 (1), p.30-41
Main Authors: Lee, Shoo K, Rowe, Brian H, Flood, Colleen M, Mahl, Sukhy K
Format: Article
Language:English
Subjects:
Budgets
Claimants
Compensation
Developed countries
Discussion and Debate
Fees & charges
Insurance
Liability insurance
Medical malpractice
Physicians
Protective factors
Transparency
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Summary:Many Canadians believe that physicians have malpractice insurance via the Canadian Medical Protective Association (CMPA). However, the CMPA is not an insurance company; it is a defence fund for physicians and has no obligation to compensate all claimants. CMPA expenses have increased nearly tenfold in 30 years and although public budgets support the majority of CMPA fees, less than 0.3% of injured patients receive compensation. A reform of the system is vital. Several developed countries have adopted a "no-fault" system to provide more equity and transparency and to ensure that the majority of funds go directly to injured patients rather than toward the payment of legal and administrative fees.
ISSN:1715-6572
1715-6580
DOI:10.12927/hcpol.2021.26580