Medical Malpractice Category Archives

Why are we paying for doctors’ malpractice?

Doctors in surgery around patient

The Canadian Medical Protection Association describes itself as “a not-for-profit mutual defence association.” Even though it acts as an insurer, providing resources to help manage risk and assistance when medical-legal difficulties arise, the CMPA is technically not an insurer.

Recommendations for Better Oversight of Ontario Health Clinics

hospital subject to new recommendations

On Thursday, May 5, Ontario Health Minister Eric Hoskins announced plans to implement 12 recommendations to bolster accountability, regulation, quality and safety in the increasing number of non-hospital medical clinics in Ontario. As Mr. Hoskins stated: “As the [health] system evolves and patients increasingly receive care outside of hospitals in more accessible community settings, it is important that its oversight and regulation evolve to ensure …

Better Reporting of Medical Errors Could Save Lives

Medical Error may be 3rd leading cause of death in the US

Medical error is the third leading cause of death in the United States, behind heart disease and cancer, according to a recent study published by Drs. Makary and Daniel at Johns Hopkins University. It is estimated at least 251,454 Americans die due to medical errors every year. The study goes on to say that medical error leading to patient death is under-recognized in many other …

Reducing Taxpayers’ Dollars means the CMPA taking a Different Litigation Approach

As medical malpractice lawyers know all too well, the Canadian Medical Protective Association (“CMPA”) has earned its litigious reputation. Their slogan reads, “protecting the professional integrity of physicians and promoting safe medical care in Canada”. They profess a duty to protect rather than to defend. Often, this mandate translates into aggressively fought litigation culminating with a trial or settlement only on the courtroom steps. This …

Medical Negligence: It’s Never an Open and Shut Case

When a person has suffered because of an obvious error by a health care professional, the comment often said to me is, “It’s an open and shut case.” When it comes to medical negligence litigation, there is no such thing. A medical negligence lawsuit is different from other personal injury cases in at least one critical way; the plaintiff is often already unwell before the …

Discovering a Claim of Medical Negligence

A woman with a pained expression holds her neck beside a large analog clock face

An injured party and their family have a time limit within which to bring a lawsuit to recover damages or losses relating to an injury. The time limit for doing so in the Province of Ontario is usually 2 years from when the claim was discovered or reasonably discoverable (the “limitation period”). Many assume that claims are discovered (and the limitation period begins to run) …