Medical Malpractice — The Canadian Experience

Abstract

IN this paper we describe the legal system for dealing with malpractice claims in Canada, contrasting it with that in the United States and suggesting reasons for the dramatically different liability costs imposed on physicians. Despite a lower frequency of litigation and cost of insurance in Canada, growth rates in both frequency of claims and size of awards are similar in the two countries, and average awards are not very different. We have explored the factors contributing to the upward trend of liability in Canada, some of which appear also to influence malpractice liability in the United States. This study . . .