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The CMPA
The Canadian Medical Protective Association (CMPA) was
founded in 1901 by a group of Canadian doctors for their
mutual protection against legal actions based on
allegations of malpractice or negligence. It is an
association of physicians operated by physicians for
physicians. It was incorporated by an Act of the
Parliament of Canada in 1913. As of 2003, it had 64,762 active
physicians representing the vast majority of doctors in
Canada. The annual membership fees are the basis of a
reserve fund, which makes it possible for the
Association to provide legal assistance to its members
and to pay for damages awarding in medical malpractice
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Members
are eligible for assistance on a wide range of medico-legal
difficulties arising from their clinical professional work including
advice, college, billing, hospital, inquests, legal actions and
criminal charges.
CMPA as a Defence Organisation
Unlike insurance companies, the
CMPA does not issue a malpractice policy to its members, nor is there a deductible. There
is also no limit to coverage. While legal fees in medical malpractice cases can easily
amount to hundreds of thousands of dollars, the doctor does not as a practical matter have
to pay; the CMPA pays the legal fees to the doctor’s lawyers directly. If a doctor is
ordered by the Court to pay money to a plaintiff, the CMPA pays, not the doctor.
As an association of physicians,
the CMPA feels strongly that the reputation of its members is paramount. For this reason,
the CMPA will not settle a case solely because it is cheaper to pay the plaintiff than
take the case to court.
Putting it the other way, if the CMPA classifies a case as
defensible, they will normally defend the matter regardless of the cost.
Except in the
most obvious of cases, the CMPA will only instruct their lawyers to enter into settlement
negotiations when:
1. their own experts advise that the matter is
not defensible; and
2. plaintiffs counsel provides an expert report
from a reputable source which is critical of the defendant doctor or doctors.
Depending on the circumstances,
the CMPA will typically not begin negotiations until the plaintiff has assembled a team of
experts to prove liability and damages.
As a result of the CMPA’s involvement,
medical negligence cases are rarely disposed of quickly. Typically, cases take
two to
five years or more to resolve.
Correspondingly, the legal fees in this area
tend to reflect the high risk nature of the work and the fact that the firm is taking
significant risks when working for a client who is unable to pay unless and until a
settlement is reached or judgment obtained.
The CMPA is located in Ottawa. More information
can be obtained about the association on its web site at www.cmpa.org.
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