December 6, 2024 from Erin Jeon via Manitoba Access to Justice
Canadians overwhelmingly trust their healthcare providers—but when mistakes happen, the path to justice for victims is nearly impassable. Despite the life-altering nature of medical negligence, fewer than 1% of highly preventable adverse events lead to compensation.
In 2022, only 2.59% of such events led to legal action. Of the cases that did proceed, most were dismissed, abandoned, or discontinued. Just 8 out of 985 resolved cases resulted in judgment for the plaintiff.
Barriers Start with the Cost of Pursuing a Claim
To pursue a malpractice case, most lawyers require the claim to be worth at least $250,000. This economic barrier excludes patients who suffered less severe—yet still significant—harm. On top of this threshold, plaintiffs must afford expert witnesses and endure lengthy litigation, which averages 38 months.
If the case is lost, the plaintiff may be responsible for paying part of the physician’s legal costs—a major risk that deters many from even trying.
The Legal Burden is Especially Hard to Meet in Medicine
Even if a patient gets to court, they must prove the doctor breached the standard of care and that the harm would not have occurred but for that breach. Proving causation in medicine is notoriously difficult due to the complexity and variability of health outcomes.
Informed consent claims are just as challenging. Courts often side with doctors, accepting the idea that most reasonable patients follow medical advice—even if options weren’t presented.
Plaintiffs Face a Formidable Opponent: The CMPA
Nearly all Canadian physicians are represented by the Canadian Medical Protective Association (CMPA)—a powerful organization with over $6 billion in assets. It hires top-tier legal teams and expert witnesses, and covers all legal costs for physicians. This makes physicians less likely to settle and more protected from consequences—even when they are found negligent.
The CMPA’s power, the high cost of litigation, and the legal complexity of proving medical negligence combine to form nearly insurmountable barriers for victims. The result is a justice system that simply doesn’t work for most people harmed by medical malpractice.
What Can Be Done?
Some countries, like New Zealand and Denmark, have adopted no-fault compensation schemes. While not perfect, these systems offer a pathway for broader access to justice and more timely support for injured patients.
At Malpractice Check, we are dedicated to providing honest, unbiased opinions on medical malpractice concerns. Whether you’re seeking peace of mind or preparing to present your case to a lawyer, our trusted experts are here to help you navigate the complexities of healthcare errors with professionalism, compassion, and integrity. Contact us today to learn more.