Ep #84 - What happens if I get sued as a physician in Canada? With Dr. Todd Watkins, Associate CEO of the CMPA
Feb 6, 2025
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In this engaging conversation, Dr. Todd Watkins, Associate CEO of the CMPA, sheds light on the complexities of medical malpractice claims in Canada. He discusses how physicians typically learn about a case against them and what steps to take upon receiving a statement of claim. Dr. Watkins elaborates on the role of the CMPA in providing crucial support, including legal representation and emotional guidance. He also tackles the significance of expert witnesses and the financial implications of malpractice lawsuits, making it an essential listen for medical professionals.
Understanding the process of handling malpractice claims is crucial for physicians, as it significantly impacts their professional integrity and practice continuity.
The Canadian Medical Protective Association (CMPA) provides essential support and legal representation for physicians facing malpractice lawsuits, ensuring their rights are protected.
Deep dives
Introduction to Malpractice Claims
The episode discusses the critical topic of medical malpractice claims, highlighting the importance of understanding the process and implications for physicians. When faced with a malpractice allegation, it is vital for physicians to know how to navigate the situation, as it can affect their ability to practice. There is an emphasis on the emotional and financial burden this process can entail, making it crucial for healthcare professionals to be prepared. The conversation aims to enlighten listeners about their rights and the resources available to support them through such challenging times.
Role of the CMPA
The Canadian Medical Protective Association (CMPA) is introduced as a key resource for physicians dealing with malpractice claims, providing protection and support. As a mutual defense organization, the CMPA is owned by its members and aims to protect the professional integrity of physicians while promoting safe medical care. The organization assists physicians in various matters, including civil claims, hospital issues, and privacy concerns, with substantial annual engagement. The podcast emphasizes the availability of professional advice, underscoring that physicians should feel empowered to reach out to the CMPA for support and expertise.
The Lawsuit Process and Support System
Physicians facing a lawsuit typically receive a statement of claim, which outlines the allegations against them and can be a stressful moment. Upon receiving such notification, it is recommended that physicians contact the CMPA to access advice and begin the process of defense. The podcast explains that members are assigned a lawyer and a physician advisor who will guide them through the legal proceedings, which often last several years. It also reassures listeners that the CMPA covers legal fees, emphasizing that the assistance provided is aimed at reducing stress and ensuring that physicians can continue to focus on their practice.
Understanding Case Outcomes and Settlement Options
The discussion addresses the outcomes of malpractice claims, with statistics highlighting that about 60% of cases result in favorable outcomes for physicians, with only around 5% proceeding to trial. Mediation is presented as a potential path towards resolution that can save time and resources, while the majority of cases may be settled out of court. The podcast also notes that compensation for patients from the CMPA amounted to hundreds of millions in recent years, showing the seriousness of these claims. This portion of the conversation reassures physicians by informing them of the CMPA's strong track record in defending its members and the support available during what can be a lengthy legal process.
This is a big one - what happens when we receive a malpractice claim? Medicine is a challenging field with high stakes. We all know colleagues who have been in this situation.
I'm thrilled to welcome Dr. Todd Watkins, associate CEO of the CMPA (Canadian Medical Protective Association) for a 101 on what to do & what to expect if we get sued.
Discussion Points:
Dr. Watkins' intro (2:18) What is the CMPA (3:05) How would you hear about a case against you? (6:02) What information is on a statement of claim (8:02) Timelines for a valid malpractice claim (10:30) Knowledge of events vs cause of action (12:30) What should you do when you get a claim? (16:45) How the CMPA offers support during this time (19:47) Are the lawyers internal or external? (21:13) Can one pick their own lawyer? (21:53) Who covers all the legal fees? (22:38) Occurrence based protection & alternatives (23:03) The key elements of the pre-trial process (25:27) Expert witnesses (27:11) Mediation (29:53) Key data points, what % of cases go to trial (31:39) What happens behind the scenes at the CMPA (34:37) Court set up (35:57) Financial damages - who pays? (37:28) Appeals (38:40) Dues (39:32) Residents/trainees - can they be implicated of malpractice (41:05) Closing thoughts (43:00)