General
In Canada, medical malpractice insurance is provided by the Canadian Medical Protective Association (CMPA), not an insurance company.
CMPA is funded by contributions from individual physicians, with some government funding.
Funds support the physician in investigations around medical malpractice issues, and pays the doctor's legal fees and the assessed damages to the patient.
Individual membership fees vary according to a physician's specialty and region in which the physician is practicing.
Q&A
Q: Ontario's fees are the highest for all specialties. Why are there differences between provinces?
A: Reasons may include:
- Ontario, with 17 acute academic hospitals, performs the most high-risk surgeries.
- In 2023, Ontario received 48% of Canada's refugee/asylum claimants; typically, refugees have had gaps in healthcare, delayed diagnoses, new injuries/health issues, and often come from countries with poor living conditions which may lead to conditions which may require complex treatments.
- Different medico-legal costs between provinces.
Q: Why do US physicians pay higher malpractice insurance premiums than Canadian physicians?
A: Reasons may include:
- According to the CMPA, Canadian medical malpractice lawyers work on a contingency fee model. This means they evaluate a case before accepting it and decline it if they think it unlikely to be successful.
- While there are different types of "damages" (e.g., special, general, non-compensatory), in Canada, general damages are capped by case law. The cap increases every year with inflation, but for 2024, general damages were capped at approximately C$400,000.
- Higher frequency of lawsuits in the USA.
- Higher damage awards in the USA.
- Universal health coverage in Canada means that there is no "cost of care" which a patient could sue to recover.
Fee Details:
For specific fee information by specialty and location, visit the CMPA Fees page.
