Starting next year, doctors’ malpractice insurance in most parts of the country will cost a lot more – more than doubling in many places. Fortunately for physicians, however, that will affect provincial health budgets more than their own practices.
Most doctors are covered by the Canadian Medical Protective Association (CMPA), a non-profit mutual defence organization that offers advice and legal representation to 91,000 physicians.
The organization recently announced fee increases due to rising settlements and awarded amounts, growing legal costs, and a five-year push to recover from a negative funding position. In Ontario there’s a $53 million shortfall; Quebec sits even; and in the rest of Canada, $111 million more is needed.
It will also release a new strategic plan in December, which contains a renewed emphasis on prevention and patient safety. “In collaboration with others, the CMPA will support the development of, and promote, harm prevention strategies. This includes a focused approach on clinical issues and practices wherein the risk of harm is relatively high. By reducing the harm to patients, this effort benefits all Canadians,” the new plan reads.
CMPA fees are broadly based on location and practice: the cost to obstetricians in Ontario will be $75,000 – up from $57,000 in 2014 – while a family physician in Quebec will pay as little as $2,200. Provinces cover most of the cost. Saskatchewan reimburses 100% of the fees; Ontario covers up to 90%, depending on the specialty.
That money goes to the CMPA to use on behalf of doctors. But some argue the CMPA is overly aggressive, fighting patients in David and Goliath battles funded by tax dollars. Others believe that money could be better used to compensate people through a no-fault system. So with these rising fees, are doctors – and the public – getting value for their money?
Are patients at a disadvantage?
In the late 1980s, there was growing concern over the rising costs and rates of medical malpractice lawsuits, fuelled by an increase in the number of cases and the amounts awarded from the 1960s to the 1980s.
Those worries haven’t been born out in Canada. There has been an increase in the overall amounts awarded, with the average rising 18% between 2011 and 2013. But the number of suits has stabilized after the 1980s and has even decreased in recent years, from 16.1 per 1,000 members in 2004 to 9.5 in 2013. That’s about 850 cases a year.
The rise in lawsuits Canadians were worried about hasn’t materialized – and some argue we now have the opposite issue, with it being too hard for patients to sue.
“The CMPA takes a very aggressive approach to defending these types of claims,” says John McKiggan, a personal injury lawyer in Halifax. “They’re certainly entitled to use all of the [options], but the overwhelming financial advantages that they have means that plaintiffs are facing some pretty steep odds.”
Patients are frustrated “because of the length and the adversarial approach,” agrees Susan McIver, author of After the Error: Speaking Out About Patient Safety to Save Lives. “To me the rub is that so much of the doctors’ fees are funded by public money, and then that money is used to fight the very people who are paying for it.”
And an Ontario Superior Court judge ruled in 2008 that the CMPA had pursued a “scorched earth policy” when defending a claim – though the patient won.
But there’s more to it than just money, says Doug Bell, associate executive director of the CMPA. Though the CMPA doesn’t affect doctors’ ability to practice, judgments and settlements are taken into account by the provincial colleges of physicians and surgeons that control doctor’s licences. “It’s not really an issue of money for the physician,” says Bell. “The issue is the physician’s integrity.”
The trials of medical lawsuits
To win a lawsuit, patients must prove that the doctor acted below the standard of care – that a reasonable doctor would have acted differently. They must also show that the breach caused harm. For example, if a physician makes a diagnosis that turns out to be wrong, that’s not necessarily grounds for a case. The error must have been one that other reasonable doctors would not have made, and must also have resulted in disability or injury.
For this and other reasons, the majority of cases fail. Only one in 10 cases make it to trial; 35% to 40% of legal actions will lead to a settlement or an award. Plus, unlike an insurance company, the CMPA is willing to spend more than an expected settlement on legal costs if it seems like the case will be won. Canada’s legal regulations also mean that the loser often has to pay a portion of the winner’s legal costs – a rule created to discourage unnecessary lawsuits, but one that may not apply well in medicine, where it’s hard to prove cause and effect.
Together, this means that “even in cases of clear liability, the plaintiff may not be able to find a lawyer to take the case,” says McKiggan. “There are very few lawyers in Canada who do medical malpractice work as a significant portion of their practice, because it’s extremely expensive, risky, and challenging.”
The no-fault alternative
New Zealand and Sweden have used no-fault insurance for more than a quarter century. Other jurisdictions, including Denmark, Norway, and France, have also incorporated no-fault into their systems. The influential Prichard Report from 1990 recommended a similar no-fault scheme for Canada.
In Sweden, patients are compensated if they have a problem that was caused by medical management that was not at an acceptable medical standard. They’re awarded a set amount, but still have the option to sue in addition.
In New Zealand, the skill of the doctor is irrelevant: any injuries caused by medical care can be compensated. A review of the New Zealand system summarized some of the issues that led to its development, citing the fact that “the risks of litigation – the difficulties of proof, the ability of advocates, the reactions of juries, and mere chance itself – turned the system into a lottery” and that the overall cost of the system was inefficient.
But New Zealand’s system isn’t all “rainbows and ponies,” says Colleen Flood, a lawyer who reviewed the issue in the Chicago-Kent Law Review and who is originally from New Zealand. “The upside is that if you’re injured, you will get some level of compensation… but you don’t get compensated very much.” Government cutbacks have resulted in the amount of the compensation declining in recent years.
The U.S.’s vaccine compensation program is also similar. It charges a small surcharge on vaccines that’s then used for a compensation fund for rare but known side effects. Closer to home, Canada’s workers’ compensation offers a similar system, with a full investigation into what caused an accident and compensation for the victims – but no option to sue.
One benefit of no-fault is cost effectiveness – the Prichard Report pointed out that more than 50% of money spent in the Canadian system went to litigation expenses, including lawyer’s fees. Only 18% of Sweden’s costs, on the other hand, go towards administrative costs. New Zealand’s are estimated around 10%.
Increasing the use of mediation and arbitration, which leave both patients and doctors more satisfied, as well as reducing the cost of decisions, may also help. McIvor suggests that we could also create a fund for patients through taxpayer money. “If we’re going to fund one side, we should fund the other,” she says.
Improving patient safety
Though we often talk about physicians being sued, the number of suits is nowhere near what it should be, says Flood. She thinks the difficulties in suing are making doctors less accountable. The CMPA pays the legal fees and settlements, and physicians’ premiums don’t rise if there’s action taken against them, so they have less motivation to change. Though there aren’t numbers for Canada, a 2007 report from the U.S. suggested 6% of physicians are responsible for 58% of medical malpractice payments.
Another issue is that since most doctors are independent contractors, when a patient sues a doctor, they’re not suing the hospital at the same time – unless they choose to include them in their suit. As a result, there’s less pressure for systemic issues to be resolved.
For its part, the CMPA will be focusing on safety next year. By analyzing claims data, the organization will look for system factors that contributed to the safety issue. It will then partner with organizations to try and address issues at the system level; offer education programs and awareness campaigns around those problems; and identify areas of medical practice with a high risk of harm.
Their goal is to reduce incidents in areas it has targeted, working on clinical and practice standards and guidelines. One of the first areas they’re looking at is labour and delivery in hospitals – which is also the most costly to insure.
“Obviously the reason physicians belong to the CMPA is for the medical legal protection, but we’re also making a strong emphasis on trying to improve the safety of the health care system,” says Bell. “The best protection for physicians and their patients is to prevent the patient harm.”
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I’ve been asking my Doctor if I have SLE lupus for over 20 years now, he’s ignored everything, even the blood work that proves it ( yes I’ve kept all copies ) and now I may have to get my spleen out and may have cancer because of a 20 year flare up that has been slowly damaging ever organ and blood system in my body. I’m only 42. I’m at a loss as he is still not listening to me. I am too sick to find a new doctor ( pretty much bed bound ). I don’t know if I have a medical malpractice lawsuit on my hands or not. My brother says yes but idk
When I was 4 years my mother brought me into the nurses station or hospital for frozen fingers, I distinctly remember two nusres holding my hangs forcing them in a bowl of boiling water and then I blacked out. To this day my mom says she still can hear my screaming. I am 55 and my hands started to ache around 30 but now they are so sore at times. Was wondering if something can still be done?
I’m trying to get diagnosed with non-convulsive status epilepticus the past 7 years my doctor has refused to do tests. My original diagnosis was ‘Undetermined Psychosis’ for unresponsiveness, memory loss, confusion, prosopagnosia, and agnosia. I still have not been officially diagnosed with anything. I have been consistently given antipsychotics. Alot of them made the symptoms worse. It was only when I was prescribed Ativan for anxiety did I get better. For many years he refused to book me a neurologist. Would not listen to me. Often making it seem like my options weren’t founded, that he would convince me that this symptom was that. Or this one ment something else, it seemed he was always looking for symptoms that would fit the diagnosis he wanted. Instead of actually considering the symptoms and testing for something. He wouldn’t book a neurologist and would convince me it’s very hard to do and would take a long time, I finally did an EEG and MRI which turned out negative for anything, then I did another EEG which I was told turned out fine. It was only when I was in the hospital when a doctor came up to me asking to talk to me about the EEG from a year prior I had said I was told it was fine the doctor looked at me shocked and he said no it’s not the test came back as possibly epileptic. I’ve booked my own neurologist since then and have been doing research. Every single symptom of non-convulsive epilepticus, I have. Only they’re starting to get worse now but I haven’t had proper medication and have been off Ativan for awhile. They’ll last for hours, or only have a second where I come back, and I have to sleep for 18 hours a day to recuperate sometimes. I am Extremely angry. Especially since he suggested ECT for depression. Which made it worse. As well as my depression afterward worsened immediately after, I had never been as depressed as I was immediately after ECTs. I’m now starting to have slightly convulsive seizures. And can’t think as well as I did before ect, he would often not refill my prescriptions if I didn’t see him for several months, even if I called in the receptionist said he would refuse to refill my prescription until I saw him. Which then they would book an appointment for sometimes a month from then. Making the seizures worse especially when I didn’t have ativan. Especially since I had 0 medication for over a month sometimes.
I Very much want to sue for malpractice. But I’m finding put I have to hire two doctors to go over my entire medical history, as well as a malpractice lawyers. Information online telling me if the incident happened over two years previous then it’s too far to sue. I can barely think most days let alone gather the money. Hire lawyers doctors and Bill the case in time to sue before 2 years is over,. It’s completely irrational. Discriminatory. And unreasonable to think that someone with health issues can do that in so short a time. It’s been almost a year since I booked an appointment with a neurologist. it’s supposed to be August. I’ve been trying to film my seizures for the appointment.but it’s very hard to do. My doctor never considered I had something physical, I had to fight with him to even get anti anxiety or anti depressants,, Let Alone get diagnosed for a physical problem when he thinks I’m psychotic. On top of that I’m realizing I’ve had non-convulsive epilepsy since I was a kid from the symptoms . It’s gotten much worse to the point where it can be considered status epilepticus. Because it can last for hours. The more I research malpractice lawsuits, the more online is telling me how impossible it is to win a case, let alone get the money for it. Now I’m finding out if I lose I might have to pay for part of their legal fees, Why is it so hard to get any medical help in this country. Then when they do something wrong they make it impossible to sue them. Have everything online tell you it’s a difficult/expensive process. On top of that adding ridiculous laws that state you have to sue them within two years of the incident. This process makes the people affected unable to have a voice, especially because many of the people affected by malpractice are in a state where they cannot work even for a period of time, and can’t save money to go through the process, The Government should be ashamed that they make it so difficult. To the point where doctors can go years without a malpractice lawsuit, all the while hurting many many people.
Dentist really screwed up my teeth, I’m sure I have gum disease, and blood is going into my blood stream, I have to go on Antibiotics all the time, this happen 20 years ago, do I have a chance to sue dentist?
The CMPA was created in 1901 by rich elite via an act of parliament. It was rotten to its core when it was created, and nothing in the last 120 years has changed that.
The CMPA collects $500 million annually in tax dollars and has amassed $6 Billion in tax dollars in a legal fund that they use to further victimize injured patients that are trying to seek truth and justice.
The CMPA spends $200 million annually on lawyers, including criminal defence lawyers in sexual assault cases. An example is Dr Schneeberger, who drugged and raped his underaged stepdaughter after the CMPA initially got him off of drugging and raping one of his patients. These same lawyers often go on to become judges, siding with CMPA lawyers in cases against patients.
Only 5 people a year win civilly in court against the CMPA, even though it’s estimated that 100,000 are injured annually.
Doctors in Canada are above the law, and they know it, thanks to the CMPA.
Doctors that injure are rarely stopped and injure repeatedly; one doctor that cut off the wrong leg was told that he to take a course. The CMPA paid for the course with tax dollars.
All of this has nothing to do with Medicare, that came into existence in the 1960s.
#defundtheCMPA
#patientlivesmatter
Sign the petition for change:
https://petitions.ourcommons.ca/en/Petition/Sign/e-2890
I agree with you
Extremely interesting.
It’s hard to say
My wife’s neurosurgeon admittedly cut two arteries during surgery while removing a tumour from behind her eye. This caused two separate strokes. One leaving her mentally incapacitated and with speech problems. The other paralyzed her right side so she has no movement in her right arm and fingers and such little movement in her right hip and leg that she will never walk again. We where not told this was even a risk. Her hospital records where sent to an “expert” who said the CMPA would be able to get witnesses that would say these are simply complications of a difficult surgery. I believe these are injuries caused by the the surgeon’s cutting instruments but there is no lawyer that will take on the case because of the CMPA.
That’s just wrong. I’m sure the surgeon sleeps just fine.
I’m trying to get diagnosed with non-convulsive status epilepticus the past 7 years my doctor has refused to do tests. My original diagnosis was ‘Undetermined Psychosis’ for unresponsiveness, memory loss, confusion, prosopagnosia, and agnosia. I still have not been officially diagnosed with anything. I have been consistently given antipsychotics. Alot of them made the symptoms worse. It was only when I was prescribed Ativan for anxiety did I get better. For many years he refused to book me a neurologist. Would not listen to me. Often making it seem like my options weren’t founded, that he would convince me that this symptom was that. Or this one ment something else, it seemed he was always looking for symptoms that would fit the diagnosis he wanted. Instead of actually considering the symptoms and testing for something. He wouldn’t book a neurologist and would convince me it’s very hard to do and would take a long time, I finally did an EEG and MRI which turned out negative for anything, then I did another EEG which I was told turned out fine. It was only when I was in the hospital when a doctor came up to me asking to talk to me about the EEG from a year prior I had said I was told it was fine the doctor looked at me shocked and he said no it’s not the test came back as possibly epileptic. I’ve booked my own neurologist since then and have been doing research. Every single symptom of non-convulsive epilepticus, I have. Only they’re starting to get worse now but I haven’t had proper medication and have been off Ativan for awhile. They’ll last for hours, or only have a second where I come back, and I have to sleep for 18 hours a day to recuperate sometimes. I am Extremely angry. Especially since he suggested ECT for depression. Which made it worse. As well as my depression afterward worsened immediately after, I had never been as depressed as I was immediately after ECTs. I’m now starting to have slightly convulsive seizures. And can’t think as well as I did before ect, he would often not refill my prescriptions if I didn’t in several months. Making the seizures worse especially when I didn’t have ativan.
I Very much want to sue for malpractice. But I’m finding put I have to hire two doctors to go over my entire medical history, as well as a malpractice lawyers. Information online telling me if the incident happened over two years previous then it’s too far to sue. I can barely think most days let alone gather the money. Hire lawyers doctors and Bill the case in time to sue before 2 years is over,. It’s completely irrational. Discriminatory. And unreasonable to think that someone with health issues can do that in so short a time. It’s been almost a year since I booked an appointment with a neurologist. it’s supposed to be August. I’ve been trying to film my seizures for the appointment.but it’s very hard to do. My doctor never considered I had something physical, I had to fight with him to even get anti anxiety or anti depressants,, Let Alone get diagnosed for a physical problem when he thinks I’m psychotic. On top of that I’m realizing I’ve had non-convulsive epilepsy since I was a kid from the symptoms . It’s gotten much worse to the point where it can be considered status epilepticus. Because it can last for hours. The more I research malpractice lawsuits, the more online is telling me how impossible it is to win a case, let alone get the money for it. Now I’m finding out if I lose I might have to pay for part of their legal fees, Why is it so hard to get any medical help in this country. Then when they do something wrong they make it impossible to sue them. Have everything online tell you it’s a difficult/expensive process. On top of that adding ridiculous laws that state you have to sue them within two years of the incident. This process makes the people affected unable to have a voice, especially because many of the people affected by malpractice are in a state where they cannot work even for a period of time, and can’t save money to go through the process, The Government should be ashamed that they make it so difficult. To the point where doctors can go years without a malpractice lawsuit, all the while hurting many many people.
I have discovered dirty tricks used by ortho surgeon to cover his error; and how he was encouraged by CMPA to cheat
It’s virtually impossible to sue – and it’s so hard if not impossible to find a lawyer. There has to be some type of arbitration to allow for people’s cases to be heard, particularly for people that can’t afford lawyers.
The rule of having to pay the others court costs needs to be abolished as it is beyond unfair to those that have been injured, again because they often cannot afford the cost of losing, so they feel helpless and abandon their efforts. It’s beyond unfair.
my father died face down in his lethbridge hospital room of asphyxiation.
Pritchard was right. But he did not know what he was talking about. He was a “climber” in the social sense. While 51% may be the “costs” of the system, most of the costs are to defend doc at the College for carrying on a practice improperly. CMPA lawyers defend these doc. It s called Administrative Law.(nothing to do with negligence or not so much). No fault is a scam as victims pay for the system while the insurers’ bought the system and make HUGE profits. Every year. The L:egal System has been bought by the lobbyist. P
We have to complain to a body that is getting paid by doctors. This entire system is so corrupt. My shrink fell asleep multiple times. The college says it’s unacceptable but hides it from the public. CPSO NEEDS TO GO!!!!
I brought my mom Karen Smith to Royal Columbian hospital to have two tumors removed from her brain. She got transferred to Chilliwack hospital. She was starved for about 10 days and Dr.gordan Enns predicted my mother would be dead by the time he got back from vacation. The staff started sneaking lethal injections while they changed her and lieing to me that she could not swallow
I went every day to feed her. They violated our charter of rights and freedom of beliefs. We are christian’s and oppose uethansia. They murdered my mom Karen making her convulsing in my hands. The whole time they never told me what they were doing . Lieing again saying that she was in pain. She was not in pain. They murdered a mentally challenged man right after her claiming that he wanted to die. That made it to CTV news! These doctors and nurses at Chilliwack hospital should be in prison.
I no longer have any respect for health professionals. That includes my three nieces who are all nurses. I no longer have respect for lawyers either. I’m old enough to decide who I respect and do not respect an institution that has the power to ruin your chances of truthful healthcare but instead delivers one that leaves one fearful to even seek healthcare. If there are truly honest healthcare people out there, they are few. If you do nothing while an untruth is occurring, you are equally guilty
How can Drs refuse to do surgery on my Heart ( 6 blockages, 3 are 75%,blocked, the other 3 are below 60%), had heart attack 5 yrs ago. And why are Drs not believing patients,,,, took over 2 1/2 yrs to diagnose Eagle Syndrome?!? Then turn around and say no you don’t.
And how can Drs get away with handing out scripts like candy, over 140 meds in yr and half !!!!!
No one will fix my health issues!!!
I need help.
I’ve filed a lawsuit on my own against my former urologist on his fraud by which he hoaxed me into the signing of Consent to Treatment in addition to a number of incompetence and negligence. Now I have a problem on presenting my evidences at the court because this 36, Regulated Medical Professions bans me to do so. I’m broke because I could not go back to do the same physical job that I did before the surgery. I find this rule is protecting the medical staff. That’s why this urologist could fraud and make false statement at easy. And CPSO take all his false statement without investigation or simple reasoning before they deliver me the conclusion. It’s really heartbreaking to see this happening in Canada!
My charts have been lied on to obstruct me from access to anything. I have told them to their faces. I have talked to them about integrity and empathy. They keep lying. I went to the MAYO to get the proper diagnosis. They laugh.
They have used their typical go to……innuendos about the mind in the face of a horrible illness. I WILL be going public. They will not get another chance to humiliate me, or my family. I will not allow it, so I will not see any more doctors, because if I do not see you, you cannot keep lying on your charts. I will suffer and I will die, you hope I will be swept under the carpet. I will not die quietly. I would like to know what you gained by your lying, profiling and innuendos. So busy protecting your self righteousness, your beliefs, your med friends, that you do not care beyond that.
And throughout this, I keep wondering doctor, what exactly ails you? How happy are you? And I feel sadness that you have to resort to denying a part of yourself, or possibly that it isn’t even there.
I think it is more efficient to go public. Each and every time. It doesn’t even matter anymore whether the patient ends up ‘looking bad’, which of course the physicians in question will try to do. I have never met more lying, conspiring, egotistical, fearful, self protective, no integrity humans. I place absolutely no value in medicine. It is simply a hierarchy, and every day I wonder what kind of mind works like this? Is it a mental illness? And speaking of ‘mental illness’, if they run out of options, that is the one resort they hide behind.
They damage more people emotionally than they ever will physically, they cause families to be in distress. I dare ONE doctor to be honest and ethical with me. It will not happen. There are no heroes in medicine. A favorite thing to do is to start a trail, and as you go to another doctor, he follows that trail, because ultimately, when it comes to controversial matters as they see it, they do not want to disagree with each other, simply because of having to be in that med circle, that acceptance. It is EXACTLY like religion or politics. They know it, they are unhappy, they are disastisfied. They also know if they could just work honestly for their patient, that eventually they would feel more satisfied, yet the dogmas of medicine are still too strong. Obstruction of patient care, a crime, but a legal crime. Go to the Colleges? LOL. I paid for their colleges, their lawyers, their protection and they treat me with lies and not one bit of integrity. The more is written, they read, know it’s true, but live their self protected fantasy lives. At one time long ago, doctors were respected, until the lies, the meanness, the coverups, the self protection, the silence in the face of knowing the patient is down right abused.
My daughter is not ever marrying a doctor, not because he works hard, but because of a big part is not ethical. I can see not being ethical in a lot of professions as a given, but the one place this should be criminal is in the med system.
Well time is short, what a way to live. I might go public, even if it makes me look bad.
By the way, if any doctor is interested in not following a trail of lies, and be independent and fearless in the face of other doctors, if you want to help one human, you may email me, I will be waiting for my hero.
I have suffered too much in a series of medical malpractice all started after being tricked into a prostatectomy which I discovered from the document given by MPRA Board in Toronto in the complaint and appeal process.
I think there’s something seriously wrong with health care system in Canada by which the doctors who made repeated mistakes, or even with misrepresentation and obvious lies are protected. When I was reading the above article and the comments by fellow patients who have suffered in the hands of care-free medical professionals, I understand why my former urologist could make a series of lies without worrying about the consequences because MY medical document and evidences with CPSO given by MPRA Board is not allowed to be used at the Supreme Court of Justice of Ontario by a medical ACT. Is this fair ANYWHERE in the world? They’re above the Canadian legal system. I’ve filed my Statement of Claim with the court. It’s going to be very hard!
Is there anything that can be done if we put our efforts together? My contact: everesttzus@yahoo.com
Found out an ER doctor who misdiagnosed me illegally accessed my bone scan report and he replaced images. He did this 3 yrs after the misdiagnose and also after I filed a complaint.
I am aware I am on the patient tracking hit list and its have been difficult to get tests done anywhere. I attempted to get a new test done at a private clinic and was blocked for getting the test done..Damage concealment is a very easy way to avoid a lawsuit IMO.
Without getting damage reports it will be difficult to sue even if the standard of care falls far far far below what would have been normal done as in my case. This has left me stuck in limbo.
Last time I went in for a test, the doctor sat there asking me who I voted for in the last election, presumed which party and policies I voted for, asked me why I voted for, if I voted for medical marijuana, and all sorts of different policy questions.
How am I supposed to have faith in the accuracy those test results?
Can you imagine your doctor sitting there saying “Do you support Trump? Well, why don’t you support Trump, lots of other people supported him”
Now I get the stress of not knowing whether or not my tests are accurate, but there’s no recourse to get the test redone, or even complain. Aren’t there ethical guidelines British Columbian doctors are supposed to follow concerning grilling patients on political beliefs?
Patients are innocent people who may not have the education to be aware of the crimes committed against them. Doctors need to take more care in assiting that patients have to best care. All because some has enough money to go to medical school and has enough smarts to graduate dosnt mean they all deserve to be doctors. I believe my dads death was due to the negilgence of his doctor. He had spinal stinosis the doctor had hom on perks then oxy then fenytnol. My dad never took his prescription he sold them because he was on ODSP and it helped him live a more luxurious lifestyle. The day he passed he was intoxicated still from the night before went to his doctor at 8:30 am picked up his bag of pills and narcotics. The pharmcust ignored the fact he was drunk and gave him the fenytnol. My dad died at 9am that same day in his bed. I believe his death could have been prevented. I obtained his optopsy report which conculded that my father was very healthy and the cause of death was his levels of toxicity. Fenytnol was the main cause and ethanol was the second substance of death. My father was a healthy 54 yr old man and i belive the negilgence of his family physician assisted in his early death.
Because of the Scorched Earth approach that the C.M.P.A. uses to defend cases of malpractice doctors feel free to do whatever they want to patients even if it hinges on a criminal case of Battery: like training students to do something dangerous to a person just because they are another doctor’s patient, thus making them feel non responsible for any harm done to that person.
No matter what they do the C.M.P.A. protects them legally when the patient decides to sue even if the patient is unable to get a lawyer and chooses to sue the doctor on their own. The doctor’s lawyers will stop at nothing even lying and bringing forth cases that have nothing to do with the suit just to wow a Summary Judgement judge into throwing the patient’s case out of court.
Many years ago this happened to me. I was just sent to speak with a doctor by another doctor who worked in the same areas as he did. This doctor never spoke with me at all, in fact the first time I ever saw this doctor was during Mediation on my court case.
The day I was supposed to see him my regular doctor, who sent me to speak with him, was away, so without knowing anything about my medical condition, he just sent in two student doctors, one to put me on an I.V. and the other one to harass me into signing an uninformed consent and then he trained student doctors to use and object to stretch my throat and esophagus. They did this for 2 1/2 hours and caused food to start going inside a pocket in my throat.
When I contacted this doctor’s office to tell him what he had done to me he told his secretary to tell me I was not his patient. He would not see me to address the harm this procedure had caused.
During the court case, when I interrogated him during discovery, he admitted that he knew nothing about me and had never seen me before and was just training student doctors to do a procedure.
This legally is called BATTERY but his lawyers, funded by the C.M.P.A., made sure that my case never made it to court. They used lies and presented cases that had nothing to do with my suit to a Summary Judgement Judge who threw my case out of court. I appeal the judges decision but was unable to get my case back into the court system. So the C.M.P.A. won and the doctor was free to do whatever he wanted to other patients also if chose to do so which he possibly did.
To stop these criminal activities Canada needs to institute ‘no fault insurance’ so that a doctor could actually be sued if the action they took against a patient actually turns out to be Criminal.
Linda – so can you sue on your own without a lawyer? I can’t find a lawyer.
Here in Manitoba, our provincial auto insurance is ‘no fault’ and it’s bad for consumers. Your wife and kids get killed by someone driving? Tough luck, here’s a little cheque, now go away. We don’t get to sue anyone, government or private. Someone can ruin your life and you’ll only get pennies in compensation.
A close family member was injured by a Doctor during a short day surgery procedure for a hernia repair. The breathing tube lodged itself in her throat, in short, he decided to rip it out, along with her throat which turned inside out like a sock. We believe the doctor inserted a stitch at the base of the breathing tube in error and failed to acknowledge his mistake. Rushed to ICU then in a coma for 2wks, she was not able to eat since her throat/esophagus was so badly damaged by the surgeons negligence. She was sent home 2wks later still unable to even drink liquids, lost 40lbs in the following 2wks struggling to eat or drink and subsequently had a stroke, unrelated of course, the doctor said. 7yrs later and in a wheelchair with total paralysis on her left side, slight brain damage, they went to trial. NOTHING, NOT A DAMN DIME FOR THEIR SUFFERING, lawyers were shocked. A woman that was 65 is now 72 her husband now 82 can’t remember enough about what happened 7yrs ago to mount a proper defence. Judge retired after verdict, old couple paid huge retainer, sold house, she’s in assisted living at a retirement home for the rest of her life penniless. No money for appeal
How does a doctor live with this? How does he convince his child or wife that he is a good guy? I suppose his wife relies on her lifestyle and the child becomes another unfeeling person and daddy sends him to either law or med school. They must see that their power will come to an end. All systems change, powers shift.
I agree – how do they sleep at night destroying people’s lives. I don’t understand it
So sad. Is this in Ontario?
Something needs to be done about making ALL doctors more accountable for their actions. Many doctors have a delusional sense of entitlement along with the fact that for years they have been regarded as “Saviors in White Coats”. In 2011 my doctor never followed up on a radiologists request to have me seen by a urologist. It turned out I already had cancer and when I was finally diagnosed in 2015 my tumor had advanced to stage 3/ stage 4. There was very little I could do in terms of suing and none of the lawyers I contacted would touch my case. The lawyers all informed me that it would be almost impossible to win since I was going up against the medical “establishment” and that they would fight me tooth and nail. I also had no money and ended having to go on CPP disability. Had the doctor followed up by referring me to a urologist in 2011, I could have received treatment when my tumor was at a stage 1/ stage 2 level. Treatment early on increases my chance of survival. According to statistics my 5 year life expectancy rate is now ZERO percent. Had I been treated in 2011 when I was at stage 1 /stage 2 I would have a 60 percent chance of still being alive in 5 years. I asked lawyers what would happen to the doctor if I reported him to the Physicians College and they stated that the doctor would probably have to take a course….that’s it!! Nothing else would happen to him even if I died. It is upsetting to know that these doctors literally get away with murder and there is nothing we can do. They are so protected and what kills me the most is that we pay the premiums for their medical malpractise insurance..Unbelievable!!!
How many of those 81 votes are in the medical profession, just thinking?
Where is the incentive for a CANADIAN PHYSICIAN to do his/her best in treating and managing his/her patients if the doctor is protected by the CANADIAN GOVERNMENT AT ALL TIMES ?
It seems that challenging the doctors’ performance is null and void and frankly won’t matter if he or she , the physician gives haphazard care to the patient !
If CANADA always protects the medical staff with unlimited funds from the socialized government ,where is the justice for the poor patent receiving inept care in a hospital or a complex care facility or having a major operation , etc. etc.?
WHAT A SHAME !!
In1994 our only daughter became finally pregnant at 35 yrs. of age. The whole family became exhilarated, it just made again our life meaningful.
Amniocentesis was budged by a incompetent and uncertified physician( in training) with a 3 weeks leakage of the amniotic fluid. In spite of a very little fluid left, the obstetrician waited till 40 weeks, when the membranes were ruptured with gel. There was no progress, with the cervix failed to dilate over 3.5 cm. At 11 am ( 4 hrs. after the raptured membranes) the obstetrician came and ordered Oxytocin, although she already suspected CPD. This was also obvious on external physical examination. The obstetrician left for her work in her private clinic and left the nervous intern to monitor the baby’s heart. There as no provision made for the emergency c/s. The obstetrician arrive then 7 hours after Oxytocin, scandalously proclaimed that she is tired and that c/s will be performed by her partner. He came again late and the baby and mother left without observation for another 2 hrs., when the risky delayed c/s, almost 10 hrs. after Oxytocin and 14 hrs. after ruptured membranes, was performed. The baby’s was lodged deeply in the birth canal, had a significant deformity of the head due to huge left parietal cephalhaematoma with high pitch crying and projectile vomiting 2 hrs. later in nursery. Bilirubin reached abnormal dangerous limits from the dissolving haematoma and the baby was treated with phototherapy.The attending pediatrician warned the father of possible consequences. Unfortunately, there was also the second pediatrician alternating in care and a long time colleague of the obstetrician, claimed that there was at no time danger for the baby. After delivery almost immediately maternal fever of 38.1 C. developed indicating B-Strep septic shock and also next day. The mother and the baby were not protected with Penicillin – (Vancomycin), only later.
I complained to The College of Physicians of B.C. repeatedly, but was shocked at their professional and ethical attitude. The College claimed that both the baby and the mother received an excellent care !!! The obstetrician and The College were untruthful and my daughter, who is not a medical person believed them. Our grandson is now 22 and wonders why he suffers multitude mental and health problems all due to ischaemic brain trauma as a result of the birth injury due to CPD, Oxytocin and delayed c/s ( btw. classical malpractice in the medical literature). We expected a perfectly healthy child.
I, as a experienced hospital physician, specialist in obstetrical ultrasound, having worked for 1 yr. with obstetrics in a small general hospital in Austria, failed to protect my only dear grandchild and my family from what is a devastating situation, no question legal. I, as an immigrant from Europe came to Canada and my grandson is a victim due to scandalous , in my view criminal-negligence.
I also almost lost my wife, at the same hospital in Vancouver, when she developed B-Coli Sepsis and was refused transfer to ICU, when in respiratory failure, in semi coma on 6l/O2 and with lung infiltrates. Then she luckily survived after 5 days on respirator. The College refused to investigate it.
M2y husband was taken by my neighbour (I don’t drive) to our local emergency room with symptoms of fever, vomiting and swollen red calf, the admitting personal took his information and glanced at his leg, they asked if he had any allergies, he replied penicillin. The doctor on call arrived and diagnosed him with cellulitis (an infection in his leg) and said that even though he could see on the chart that my husband was allergic to penicillin, he was going to try a penicillin derivative and see how that works, in the form of intravenous bag, the doctor wanted to do this every 8 hours and that it took 2 hours to finish the bag, he asked if I could wait 2 hours, so I explained that I would have to go out to the parking lot and ask my neighbour if he would mind waiting, he said he would but the doctor changed his mind and decided to keep my husband overnight, they were going to give him his next bag of penicillin derivative at 5 in the morning and my neighbour and I picked my husband up at 7 in the morning, it is a 15 minute drive home, I made my husband a light breakfast so he could take his pills and get his shot of insulin since he hadn’t had these medications recently due to vomiting. He tried to rest but didn’t seem to be able to get comfortable and after approx. 3 hours began coughing and said he felt like he couldn’t catch his breath, I phoned my neighbour again and he rushed him back to emergency (again 15 min. trip) an ambulance was waiting near the hospital (my husband was able to stumble out of car and to the stretcher) they worked on him there on the roadside and transported him to hospital where after a short time of working on him declared to me that he didn’t make it. An autopsy was done and declared that my husband had very severe heart disease. I feel very strongly that if the hospital had of kept him there longer and kept a close eye on him and not sent him home till they knew he was completely stabilized especially when they were aware of the fact that it was a 15 minute drive if something were to go wrong and that I don’t drive. I am considering a law suit.
they really know how to mess people up….my doctor of 13 years gave me medication and told me i would have to take it for the rest of my life then when i got ill he denied me medical care but kept telling me to take the medication…i ran from this guy and probably saved my life…problem is im still being denied medical care because they wont to cover it up
It is time to raise our voice together reading your comments just confirmed my thoughts. Doctor in Ontario and other provinces are not accountable why we have to pay their mistakes. If they pay their own insurance they will be more accountable. My son had a broken leg playing sports and by their negligence he lost his foot and they almost kill him and it has been through 8 surgeries to fix their mistakes. This doctors shouldn’t be working putting in risk other people lives and they lawyer to protect them, pay with our taxes who will protect us? Time to do something time to let others know about it. Many Canadians don’t know how this association is playing with us, time to raise awareness. Let’s talk.
I agree
They have to pay for their mistakes as everybody and accountable
Never mind no fault insurance for the protection of doctors, there needs to be adequate pain management for chronic pain sufferers, and legal recourse for patients left suffering intractable and unrelenting pain by careless, and cruel doctors!! Even Veterinarians treat dogs better than those who run “healthcare” systems for human beings!! These “colleges” need to learn the difference between junkies, and real pain patients!
Well thats telling us something when animals are treated better than humans
We lost a Dear one last week due to a cardiac arrest. He was 19 years old. He had gone to ER five times over the past few months complaining of heart palpitations. ER doctors said it was probably anxiety and after effects of quitting smoking. He had been waiting over one month and a half to get an appointment with a cardiologist but it was too late. The family is devastated by his loss and disappointed by the incompetent diagnosis from ER. If he had been treated immediately, he would have survived. We live in Québec. The family doesn’t have money for a legal battle but they want to pursue a misconduct case. Who or what organization can represent them?
go fund me is an organization that could help
First off I am sorry. Anxiety, a favorite of doctors. In a court case you know what they would say? “We made the appropriate appointment, and as far as the anxiety diagnosis, yes indeed he also had anxiety”. They are NEVER ever wrong. Imagine the hardship of living such a puny life.
It really is time to form a strong self patient advocacy, BUT where members do not start being diagnosticians themselves, where they don’t do the usual “let’s try to be fair”, but rather a one sided system that is strictly there for the patients. Doctors do not question each other and within an advocacy, we should not question the patient. It should simply be a completely opposing system. Somewhere along the line, if it always remained about the patient and not some do gooder trying to be fair to doctors, it would work.
I have been trying since 2010 to get copy’s of my x-rays and MRI,s from out hospital. I still have not received them. I need them to prove the dr. neglected me. He knowing let me think that everything was good but in reality there was a screw coming out and he said all was good. Now after the 3rd surgery that I had to go to Ottawa to get his mess fixed. I did win a judgement from College of Physicians and Surgeons Ontario for a failed fusion but now I want the hospital to pay for covering this up for him.
CPSO privacy commisioner can help
It seems impossible to make hospitals and doctors accountable. I don’t even know where to start. It feels like we lose all power when we go into the hospital. Doctors are not Gods and they have to stop believing they are. If they were held accountable, they would read charts and talk with families before ordering medicines that kill. If they could loose their jobs, by someone tracking their mistakes, they would make less fatal mistakes.
Don`t trust HPARB. Always hire your own lawyer because HPARB Panels have former lawyers as their `public members` They are hypocritical and can prove that white is black. Almost always they support CPSO decisions
my son had a dr operate on him in alberta and he almost died to top it off the my grandaughter layed blame on me i guess she felt because he was prematrue baby it was my fault i tell you she said i never thought and lied to her dad and mon this did not add to my health im 77 and going through 3 yr battle with my life in quebec where the system stinks period to help english people
anyways i think its time these quakes face the music and there shoutd be tuffer rules and not they want drs to take lives oh sure if a son or daughter or other family member wants to get rid of the parents or love one due to they do not want to be bother to look after or pay the bills or they just want the estate what is this workd comming to a bunch of people living pot and making the rule s dont worry you not see nothing yet as naitive elder you be surpirsed the way of life is changing fast you all better get you act together there are drs on drugs they easy access to it and the hospital should do drug tests a
tynd have evil on them i know dr who still drs but he had sence of engough to pay the law suit but he still doing dr work with pst and cannot help care alot for him he knows how to back off but still only works in the office not at hospital he said i had to stop and also told the devil has arrived on earth people do not care about there fellow man why said that he had gone to war and seen things that haunt him human life not valued any more it seems there are drugs plus plus and now drs who should been stopped when the made thre first mistake now you allow them to work in hospital to ty continue to kill people or make mistakes shame on you get your act together my God carma will eat you alive ty for reading not get a law to now to protect us them saw bones and want to be docters to kill or mamine people and make the hospital do more then turn the other check ty Zeetche native elder shame on you may God make you think ty
I need a nother medical expert for my lawsuit 11 doctors used my husband for their scientific experiment and then he died.
The defense and the CPMA are like the Gestapo.
It really is an uphill battle!
Every doctor in this city should be ashamed of their profession continuing to support my ncompetent doctors!
I had Septicemia misdiagnosed in the ER which lead to me getting Meningitis..After a CT of my head confirmed a bad sinus infection a LP was done on me and I was gotten rid of out of the ER 2 1/2 hours later. Then returned back to an ER drowsy and unable to feel limbs and was yelled at I need to see a psychiatrist..So I was left with my brain swollen inside my skull, photo phobic, drowsy and the intent to cover this up was to claim the condition I was left in was because I was mentally ill..My spouse was out of the country at this time and when he returned he brought me back to the ER and would be told nothing..They concealed flagged blood tests, lied to my spouse who had no idea what was wrong with me..I was returned back to ER’s over 40 times and even taken to other parts of the province to different hospitals. The same cover up was going on no matter where I was taken..I was eventually put into a psych ward under the false pretense of mental illness and keep hidden with the door closed day and night..Doctor brought over to treat me medically. Hooked up to an IV and catheter for weeks in the psych ward..As I started to come around I was then threaten ECT treatments were going to be done on me and they did not need my consent. No consent form is signed. I suspect this was done to try and disable any memories I was starting to regain about what happened in the ER. To cover up the damage I have to my body bogus radiology reports are being given I figured that one out too. They blocked me from getting a MRI at a private clinic with me willing to pay for it but the truth is I would not be able to trust the report is legit.
Their was a neighbor in the ER who witness I had Meningitis and they silenced this person. My mother and sister witness me hooked up to an IV an catheter in the psych ward near death.
Of course fake records made up in by psychiatrists to help cover this all up. I had no history of mental illness so they had to make it up to cover up my real condition..
I am not posting all the details here because that would take a long time. What I can say is that not only can your illness be covered up they can use it to make you look crazy and hide any bodily damage to prevent you from suing and exposing this..Of course a case of Meningococcal Meningitis that had only been initially treated with oral antibiotics and how I was made to look mentally ill is probably not something they would want exposed publically ever.
It would make one wonder also how many other persons are ended up in psych ward under the false pretense of mental illness to cover up ER misdiagnosis. I worry that person with brain disease are especially at risk. Not hard to pull off considering the state I was left in.
Well everyone knows that mental illness, anxiety, etc etc are a doctors little hiding place. Yet a lot of doctors laugh behind a psychiatrists back, but hey, let’s use each other. How small. People have to form a union, a committee, a large group, a kitty for lawsuits, public arenas. Many organizations fall apart due to giving up fighting the big guy. Giving up results in strengthening the sick system. My thoughts are that one in four people suffer some mental issues, so we know in fact that the chances of med professionals being in a good place are not very good.
Another issue is how getting damage or injuries assessed is made difficult.You can be red flagged in the system and even if you get tests done you cannot trust the reports are accurate or truthful..When I obtained my records 8 radiology reports had been changed..Damage concealment means that even if you have a strong case you may not be able to get truthful reports showing damage..Also, they can block you from even getting testing done even at private clinics..This little concealment game is endless..The only thing I think a person can do is go out of the country and get testing done elsewhere..
After 3 years of taking percocet for a damage nerve because the anesthesiologist put the general in my nerve instead of my vein damaging it, went to a neurologist and found out it was damaged but would not comment to the procedure I had to cover up for each other I guess. My doctor said to my drug store in a fax she has to see me before her next prescription which is every wed. I called the office right away and they were on holidays and had to wait until the following monday so I called to make a appt and have to wait until 3 weeks before I see him. This doctor has cut me off cold turkey, if he wanted to do that then why has he not tapered the prescription down to make it easy for me. That to me is malpractice how could a doctor do this. I will now go through horrible withdrawals that could have been avoided. he should have directed me to pain management clinic. Now how do I sue for this mistake. I did not sue the anesthesiologist because after the surgery and the pain meds wore off that is when I went through horrible pain and as he was inserting the fluid I was screaming with pain as it traveled up my left arm, they shut me up by placing a black mask over my nose and I was out. no one explained why I felt so much pain. I have been under general many times before for various reasons and never has this ever happened before. Ontario hamilton
I believe that there should be a law saying that the physicians and hospitals need to do their best to find a way to repair damages done by their physicians. Who is the one who can control the search for having the patient repaired after damages are done? Can the board or a specific group make the decision on having the repairs done in another country if it cannot be done in Canada? Why are patients just left in the dark and cold, having nowhere to turn to? No one wanting to help them? Why do we make it impossible to avoid suing? The physicians have all the world in their corner, with much of it paid by taxpayer. Victims in some areas are badly damaged, and I have been told that if we want to get help we may have to move to another area??? Why are we keeping the bad physicians after they make numerous mistakes? Some may be intentional. Why are all physicians working against the victims, usually neglecting and ignoring their plight? In Canada, this should be unacceptable to all. It is unimaginable that anyone would do this to another human, yet the ones who are supposed to be taking care of us, can destroy our body and Quality of life, like a HIT AND RUN and never look back and never show any remorse. They just keep on keeping on. Many now are afraid to see a doctor. Some families have several members damaged by their physicians, and some are fatal. Very few can find a lawyer to help. Many are gone un-noticed. Should they not have a similar advantage as what the doctors have? Many physicians will say..”I have never heard of that happening before” and just ignore the need for help. Criminals are better treated than a medical victim. Victims have no rights. Why? Criminals have rights. They may even have freedoms. Malpractice victims have only long periods of slow death. Some are called hoarders. They are too damaged to take care of their home. More abuse. Why do we still have to sign our life away before any procedure? Why are people not kept up in a maintenance protocol just as we take care of a car? This might slow down the greater subsequent need for repairs and procedures if we were kept in good state… like not ruptured to our ears? Many of these are caused by multiple pregnancies, heavy lifting, thoughtless colonoscopies, and other invasive not necessary procedure, especially the seniors who are healthy. Leave them alone. Stop blaming them for the domino effect and higher costs of no maintenance. Do a hands-on exam for ruptures and do some repairs. Fewer accidents may occur. Colonoscopy on elderly is the bad mistake we are making. Previous surgeries are being pulled apart, and bowels that are usually thinner tissues, are torn. There is no need for a routine invasion. Older females are common victims. Just women’s problems? No respect for mothers on this planet. They also will not complain. They just take the blame. Who will put their hand up for maintenance?? Train a few surgeons. Start early, in their forties, before they are 50. Reduce costs of nursing homes, knee and hip surgery, and a million visits because they are in pain, and fewer malpractice. Train or fire the bad physicians. Do not hide them like they do the priests. We want to still trust them. No one can today.
My story in a nutshell:
Neuro-Amygdala-Hippocampectomy
(Surgical Removal of one’s intelligence and emotion.); and
Lupus Anticoagulant (Fatal blood condition)
The Ombudsman’s Office of the Montreal Neurological Institute and the College of Physicians all denied wrongdoing.
I just found out within the last few weeks that I had died and am back. In 2009, I saw a Neurosurgeon in Toronto about my case, and he didn’t even bring up the fact that I had died.
If they can’t set the story straight with these facts, then they they’re not allowed to do it for anybody.
This has been helpful. I was considering how to sue the hospital. Myself and three other women lost their babies in the same manner. Now I know there is no hope of suing the hospital. There is no free healthcare in this country. Only dangerous healthcare. I am afraid to go to a hospital or see a doctor. Becoming a doctor is all about the money. It is not about helping others anymore.
May Rose, hugs for you….. I also lost my healthy, full term baby during birth in September 2016. All this is so horrible and painful…. I want to bring to justice my midwife, but after reading all this I know it’s not possible. Or maybe we should start a petition and try to change the law…
May Rose, I’m very sorry for your loss. Can you please contact me ? Here is my email: larysa.yurchyk@yahoo.ca
You know, it’s not about money. It’s often about mommy and daddy encouraging their kids to BE someone. So the kid keeps going, but because he already grew up in such a deprived household where he had to be someone, he is stuck. He is also stuck with having that one sided brain that relies on learning and regurgitating, not insight. It is a complicated thing by the time he gets out. He gets tossed into the system and keeps denying little urgings, he becomes part of the system. The med system holds him there and the public and also he knows he’s not qualified for another job. It’s true, a doctor knows not how to profit from another job. He is invested. Stunted but invested.
There are a few good or semi good docs, but that goodness only goes so far. In the end it will ALWAYS be about their job.
One factor that discourages medical malpractice suits in Canada is that we have no legal concept of wrongful death. This being the case, the lives of young people with no dependents have no value in monetary terms – and money is what lawsuits are about. Every year hundreds of families discover this as they learn that there is no potential legal consequence to physicians who prescribe drugs that cause the deaths of their kids.
the problem with the bad actor theory
6% of doctors cause 58% of the suits
is that the reason may have little to do with the quality of their work but rather the risk
of their speciality
I dont think that neurosurgeons obstetricians and orthopedic surgeons as a group are incompetent but rather they have picked a high risk job
The neurosurgical group are recruiting epilepsy patients from their local epilepsy organizations.
My surgery happened in 1991 and in 2005, I found out that the epileptic focus wasn’t removed. They’re lying to the patient. On November 9, 2015, another patient of the same neurosurgeon found out that her hippocampus was removed also. Her surgery happened in 1991 also. She also continues to have seizures and has memory disorder. We’re cognitively impaired now and have no recourse. I bet most people who offer themselves to these neuro-amygdala-hippocampectomies for seizure relief, have no idea that their intelligence has been removed. My seizure focus is still on the brain. I learned from compassionate poeple on the internet what happened to me. I also have have Lupus Anticoagulant which is a fatal blood condition that I also acquired from the same neurosurgeon. (7.5 mgs of Warfarin just to sustain life) Before the neuro-amygdala-hippocampectomy, I never even knew what a Hematologist was.
These guys know exactly what they’re doing!
Omg, I am SO sorry. It must be a deep seated mental illness, when a person has no conscience. That part of their brain is missing, I suppose. No other explanation. There is definitely narcissism, ego, involved.
I have been fighting for justice for my son’s death on June 12/12. Even though the records clearly show willful negligence on the part of not one but three doctors. I was told by several lawyers that it would cost far more than I could hope to recoup if I won the case. Besides being up against the CMPA funded my tax dollars the government puts a cap on your head. I was told my son was worth about $35ooo dollars and it would cost about $70000 to get to court. This is an impossible system and is so unfair to us as Canadian citizens. As far as the College is concerned they do everything in their power to make light of complaints and in my case they got a mere slap on the wrist for killing my son. There is absolutely no accountability and I strongly believe doctors are “above the law” and they know it. If we make them more accountable there would be a lot less errors and they would be more careful. If you are in Ontario and have been through this please join our group for change. http://www.cpso.co
Try not to limit any cases to only certain ones. Everyone should be included, no matter their story. Good luck. Try to expand your group nationally.
MY SITUATION IS MORE THAT INTERESTING, I HAVE IT NOW CONFIRMED, NOT ONLY WAS A LETTER PLACED IN THE SURGEON WHO WAS RESPONSIBLE FOR MY CONDITION, THE LETTER WAS FOR, NOT CARRYING OUT NORMAL HOSPITAL PROTOCOL REGARDING OBTAINING MY PERMISSION AND UNDERSTANDING OF RISK BUT LEAVING ME ON A WAITING LIST FOR GALL BLADDER SURGERY FOR 16 MONTHS. THIS FOLLOWED BY HIS LAWYER AT MY APPEALS BOARD MEETING, ADMITTING HIS ERROR OF MISTAKENLY CUTTING INTERNAL BIO DUCTS AND OFFERING HIS APOLOGY FOR THE ERROR HE MADE. I HAVE SUBSEQUENTLY SENT ANOTHER LETTER TO THE COLLEGE OF PHYSICIAN AND SURGEONS WHO IN THEIR FINDING RENDERED THIS AS BEING “UNFORTUNATE” AND REFERRED ME TO THE APPEALS BOARD AFTER I ASKED FOR THAT WORD TO BE CLARIFIED. THE APPEALS BOARD MEETING REVEALED AND CONFIRMED THIS ERROR AND THE SURGEONS APOLOGY. I AM NOW PENDING A RESPONSE FROM THE COLLEGE AND HAVE ALSO HAD TO SEND A FREEDOM OF INFORMATION REQUEST FORM ACCOMPANIED BY A MONEY ORDER, TO ESTABLISH DOCUMENTATION PERTAINING TO THAT MEETING ON NOV 27TH 2014 AT WHICH TIME MY REQUEST PRIOR TO THE MEETING START, FOR MINUTES/TRANSCRIPT OF THE MEETING WAS REFUSED BY THE CHAIRMAN OF THE APPEALS BOARD. THAT FOR IS ALSO PENDING A RESPONSE. I NEED HELP PLEASE.
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I have had three HPARB appeals due to the CPSO’s decisions. The College will protect the surgeon at all cost. Do you live in Ontario. If you read my blog which is very long and somewhat repetitive, you will see all I have done for nine plus years trying to bring the truth out regarding my daughter’s death. http://anangelinourlives-awk.blogspot.ca/
When I put in a request for Freedom of Information, so much was “blacked out” that it was pretty much useless.
James
I have dealt with HPARB on three occasion— the first two were fair, the third completely disregarded the contradiction between their opinion and the medical facts contained within the hospital records. On the previous appeals the panel had a hard copy of my submission. The third panel had it on their laptops and found it frustrating to follow my presentation. So, they basically told me to stop. This, I believe was an injustice. I later found out that the Chair was a lawyer from London, Ontario where the College’s independent opinion provider was from. I believe this was a conflict of interest as I am sure these two professionals’ paths would have crossed. HPARB refused my request for “Reconsideration”
Secondly, the freedom of information I did access and paid for. It came with 50 pages that had absolutely nothing with what I had asked for. The remaining pages with blacked out and full of blank section— totally useless. All I had asked for what the number of deaths associated with my daughter’s surgeon. I didn’t ask for names, merely the date of the deaths and the number. I got nothing.
Others completely useless— Chief Coroner’s Office, the DIOC, Ontario’s Ombudsman, the Health Minister, the Liberal government.
My MPP has a private members bill 29 which would put the CPSO in it place but will the Liberals support it?
http://anangelinourlives-awk.blogspot.ca/
Take care
Where is the compassion, & humanism, when more money is spent fighting negligence than compensating the victims in a timely manner, before their lives are destroyed?
Admission to negligence would move the case to the courts and they wouldn’t want that. We’re all suffering with physical and emotional issues and no one to turn too.
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My wife & I have been fighting since 2009 her help is getting worse and the CMPA I think is just waiting for her to Die, six tears of help from Day surgery. we have almost lost everything but were a strong FAMILY we will NOT give IT”S JUST WRONG.
Please don’t give up . Please . Keep on fighting how else we will be heard .
You have doctors who threaten harassed assaulted a patient and they still practice .
DO NOT GIVE UP!
Neuro-Amygdala-Hippocampectomies
I’m also a victim of medical malpractice. We’re all powerless against the big machine called the ‘medical profession.’ I’ve had no intelligence since 1991 when a neurosurgeon removed it ‘WITHOUT’ consent. I’ve had one doctor recommend that I kill myself. These doctors never expect to get caught. A long time ago, a retired doctor told me that the medical profession can kill someone and there isn’t anything you can do about it! There’s also a problem getting a family physician. I can’t even get my vitamins covered to control by debilitating anxiety. But, doctors get bonuses, especially this man, for disabling me and many others. We are broke financially. One person works and I’m on disability. Since both my children will be attending post secondary institutions in the Fall, I’m unable to contribute much to their education. It’s a disaster what they’ve done to me and many others and there’s no accountability.
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It is sad…reality that my entire family life has became a victim in medical malpractice. ? At first you don’t believe it…Then it hits you full power and realize that something actually went wrong…and I started to think deeply…what happened…why…etc.then that’s where the battle starts to becoming a victim again…once by the medical error and then again by the legal challenge…ahead in proceeding with a almost no chance in success. ? Due to the one sided barriers…that exist to fairness..and personal cost to the family..I lost two sisters due to negligence and a disability to my daughter at a young age (7 years old)….that suffered a stroke and subsequent brain injury in the hospital in the cath lab…the doctor even realized and almost admitted his error….however not really under oath ….I finally found a lawyer that was willing to move my case forward for my daughter…but after much duress and cost….and not able to obtain a medical expert to testify against the medical community. ? I had to throw in the towell and concide defeat….15, 000 dollars later…My research has shown that medical errors happen frequently …more frequently than most realize especially when one is suffering the loss of a loved one…or life long injury….I could go on and on …with my circumstances. …but I know it will not change things for the better…If anyone needs moral support or advice that is the least I can do in memory of my loved ones…My name is Chris…and I can be reached via email: ve6bgo@outlook.com. ..
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My wife went down to Toronto for day surgery. During that surgery the
Specialist working on Her severed Her, (internal lilac artery). She
Bled out into Her abdominal , crushing all Her organs and bowels. She
Suffered for 8.5 hours, during which time she coded. They refused to
Call me and gave Her the last rights 2 times.
She survived the 11 hour surgery that night and was put on life support.
The only reason she had the surgery was because she didn’t die, like
they thought, so they had too.
She was 47 at the time and a Mother of 5.
2 natural Children, 2 step Children and 1 Adopted Daughter, (She was
there that day) 5 years old. She has since Adopted the half Sister of
Her 1st Adopted Daughter.
My wife was healthy, fit and kind. Many people in Huntsville know Her
and they’ll all tell you the same thing.
What She went through and is still going through, reads like a Steven
King novel, I’m not exaggeration in the least. She worked in the
Nursing field for many years.
She has tried to reach out to the Law, however in Ontario you must find
the Dr. Negligent before you can sue. Meaning he can make all the
mistakes he wants but is NOT held responsible. “Accidents happen”, Dr.’s are no different. Yet if we got into and accident while driving, took our eye off the road, for just a moment and hit someone during that moment, seriously maiming and leaving them crippled , riddled with pain and disfigured. Not to mention severely shortening Her life span, we would be held responsible.
This specific medical mistake is not even something they warn you about
that could possible happen. In fact it’s very rare and most People don’t live. She has and still continues to break many records, just still being alive is one of them.
She is trying to have the Laws changed in Ontario and hopefully across
Canada so that Dr.s are made responsible for their,”mistakes” just like
everyone. Perhaps they reconsider treating each Person as a Human
with equal value to them. as apposed to just a number and paycheck. Also to start forcing , “Specialists ” to take a compassionate course given by the very Patients and their Families. The ones they have ruined.
Thanks,
B.W. Smith
705-788-7610
What a terrible story. The big problem we face is, the government and the medical profession are so closely connected that the government will fight to protect bad docs to protect their own image and to save money. A definite downside of socialized medicine
I just keep being baffled by their brains. They don’t ruin one life when damage has been caused, they ruin many. Something to be proud of I guess. It’s not the mistake they made, but rather the self and systemic protection that is very diseased states of mind. That is what criminals do, is seek lawyers that get them off.
HI
from all the reading i did on the subject of sueing ,all i got out of this is the one with the gold makes the rules. Hard to to fair and win when your losing side just because you dont have the money to fight the battle you are about to get into to. Should be based on right or wrong,not who has the finances to win.
thanks larry
Our only grandchild, a boy, was delivered in a major hospital in the Vancouver area. Our only daughter became pregnant at almost 36 years of age and the life became suddenly beautiful. How eager we grandparents and parents were is hard to overstate. Because I was overzealous to do my best, I had redirected my daughter from her friend, a family physician, to a known obstetrician in the major teaching hospital, whom I’ d known from the time of my residency training there. The first shock came when the botched amniocentesis was done (at the other special hospital) and the leakage of amniotic fluid developed lasting three weeks with only very little left. This is a very rare complication when in competent hands. It was very stressful for me, knowing that we may loose the baby or perhaps have an abnormal child as a result of compressed umbilical cord and diminished blood supply or somatically abnormal baby due to physical compression of the fetus itself. The spontaneous labour did not take place, possibly as a result of the leakage and at 40 weeks my daughter was hospitalized. The membranes ruptured after midnight with the applied gel in the evening before. There was no progress whatsoever and the only 3cm dilated cervix persisted. At about 11 AM an Oxytocin augmentation was started but no significant uterine contractions had taken place by 12 noon, when seen by obstetrician. A nervous intern was put in place to monitor the baby’ heart beat. The obstetrician did not appear again till 6 PM, when by then the cervical dilatation was still unchanged at 3cm, obviously due to narrow maternal pelvis and cephalopelvic (CPD) disproportion, which was even visually obvious on the mother, with rather large baby. Shockingly, the woman obstetrician declared that she is tired and the emergency C/S will be performed by other, to us unknown, obstetrician. The C/S was again delayed till after 8 PM when the surgery became risky due to deeply engaged baby’s head in the birth canal, as a result of narrow maternal pelvis. The husband was present in OR witnessing the procedure. The baby was wheeled out where we grandparents were waiting. Severe crying was audible , which is unusual for normal neonate and when seen later in the nursery, huge right head sore was present, not a small, not a moderate, but huge as a result of prolonged pressure. Maternal fever of 38,1 right after surgery developed but was ignored by the nurse and not the obstetrician or anesthetist came out to check the mother. The mother developed B-Strep sepsis with a spike of 40C on the next day, but delayed Ampicillin was ordered on the 3rd day for both. The pediatrician noted baby’s vomiting, essentially a warning sign of possible brain damage. After complaining to the College, the answer by the “expert” was a pompous sounding letter, stating that we must be happy that the such an excellent care was provided. An insult to injury. When we brought the baby home, I became very concerned about the baby’s vomiting, which was occasional and projectile, sometimes after feeding or even on empty stomach, never with other gastrointestinal symptoms. This persisted for years and even occasionally till now, when he is 20 years old. When the boy started to attend the high school he was discovered to be inflicted with dyslexia and dysgraphia and allowed to use his computer. As I suspected the all way thru It became then obvious to me , that he had suffered the brain damage due to oxygen deprivation due to long labour, almost 18 hours since the ruptured membranes and 9hrs since the unnecessary, probably contraindicated Oxytocin augmentation was performed. I personally complained to the College, but was told by the registrar that I am obsessed and should go home to my family. (At the same time I complained about the reckless mismanagement of my wife, who landed for 5 days and nights on the life support in ICU due to severe B-Coli sepsis following renal transplant, donor our daughter.) Now, our grandson is over 20 yeas old, but as I suspected, further late fearful complications are taking place, probably as a result of more wide brain damage, particularly to the hypothalamus, the structure on the base of brain just above the pineal gland. Now, after 18-19 years, serious metabolic abnormalities are popping -up, renal problems, severe lost of weight… and will be probably more thru his lifetime.
When I started practice in Canada in 1966 the annual CMPA fee was $25.00. Yes, twent five dollars!
Mind you we had a very well functioning health care system in BC then; no wait lists of any kind, and far fewer bureaucrats to feed.
I have undiagnosed Addison’s disease and have waited 2 years for the test to check for it!!! There has been a referral put in to the same specialist by the local Emerge once every three months during the last two years not to mention by other specialists. I have literally been fighting for my life and I can’t sue over their lack of care? What an outrage!
I question whether you are blacklisted and are being given the run around and extended wait..Those who complain could have this happen IMO.
I agree with Dr Bell and the CMPA approach at this juncture. However, there are circumstances where, as a physician, I see patients and in my specialty, infants, experience bad outcomes that are not related to negligence on the part of the entire healthcare team. Long term supportive care or other necessary services may be denied to deserving families when they fail to “win” their case in our adversarial system.
Moving into a better future would see continued efforts by the medical profession and the CMPA to improve quality in medicine. Quality includes many components inclusive of patient safety.
In addition, some evolving no fault system could allow more timely support of patients in need without having to navigate the Byzantine adversarial legal malpractice system.
{Another issue related to this discussion: remember, the additional funding from governments to the CMPA, at least in Ontario, was negotiated during the time of the banning of “extra-billing” in 1986. Clearly with governments controlling fees and fee increases often below inflation following that debacle, the physicians lost control over increases to fees to off-set major increases in overhead costs such as malpractice insurance. The first blush response when many hear of this system is to suggest reverting to a system covered by Physician fees. In the late 1990’s this was attempted by the Ontario Provincial government and reversed. As a practicing OB/GYN at that point, I would have had to provide obstetrical care for less than the cost of providing the care. Clearly an untenable solution for those readers asking this inevitable question. Remember, the government covers the cost of midwifery insurance and hospitals (funded by the government) cover the costs for allied health employees such as nurses within the hospital setting.}
One bad apple spoils the whole damn bunch Nicky…just sayin’. What, some religious hypocrite, who earned himself a PhD in medicine, becomes above the law after he gets his diploma? It certainly appears that way in my case. I’ve dealt with more doctors and surgeons than most people have in their lives, and I can certainly distinguish a competent doctor from a incompetent person who passed medical school. You get big fat heads once you’ve got your medical practice set up…please don’t sentence me to life for exposing the truth.
Regarding my comment as to ” costs” the CMPA pays out more to defend a Doctor than to any patient they “do no harm ” or is that “do harm” to. Just wanted to clarify that.
I have practiced medical malpractice for victims( patients) since the 1980’s. I do not practice any other areas of Law and it is a challenging area of Law to be sure. The ” scorched earth” policy of the CMPA might be appropriate for them but as Plaintiff counsel I focus on my case; not the defense. In point of fact their own stats show that for each case ( be it to defend the doctor in an administrative case or in civil proceedings) they pay out approximately 1.71 dollars for each dollar paid to the plaintiffs. Does that make sense? NOPE! No fault is just an admission of failure on both sides. The patient gets compensation but on a much diminished basis. The defense pays on cases which may well have no merit. Canada is not New Zealand !!!!!!!!!!! The major focus should be the timeliness of settling these cases and not the usual decade to do so after the ” incident”. The cases should be cases of merit; the settlement or Trial should be in a very timely fashion. Example: while ” the incident” may have taken an hour the litigation takes a decade. Only in Canada you say. Mediation must take a front seat to Trial for cases of merit as proven by experts. Common sense must rule the day. The CMPA ” process” is their “process”( slow and cumbersome) and does the plaintiff no good at all.
Mr. Mann, could you please email me with your contact information?
Hi, I had a surgery done in 1995 and very soon after I had severe complications. Went back to surgeon who calmly said that “in time it will get better”. He did not examine me or even tell me to come back if it doesnt get better. A week after I started getting infections and I sought help from my family doctor. Infections were bi weekly but my first complication was still ongoing while I am still waiting for it to get “better in time”. After 20 years and numerous visits to specialists for the infections, I had to seek further specialists’ help. In 2016, it was discovered that the infections and the first “better in time” complication, was a flaw in the surgery from 1995. I found the surgeon who did the surgery but is not doing that type of practice anymore. He has private clinics. I informed him of my situation but he is ignoring me. Do you think I have a chance filing a claim?. I am reading this blog and I am seeing where I don’t stand a chance.My life is a living hell and nothing can be done to correct my problem. I have all my medical records etc to prove that the surgeon was negligent.
I suffered permanent brain damage as a result of a doctor’s prescribing error. This negligent physician did not even bother to check the CPS for the appropriate dosing level of a drug she now admits she had never prescribed before. How can this kind of outrageous behavior on the part of a licensed practitioner NOT result in law suit???
Well, the malpractice lawyer I consulted told me that although there is absolutely no doubt that the physician was at fault, and the “care” I received was obviously below the standard permitted, it would be very risky to pursue a court case against her.
Firstly, as I am already disabled, any award I might receive from the court would be minimal, because I would not have been considered a healthy and productive member of society prior to the overdose. (Most people are not aware that in Canada malpractice awards are limited to a maximum of $350,000…such an amount would only be realised if a doctor’s error caused massive and irreparable damage to a previously healthy infant, for example.)
More importantly, the CMPA has an unwritten, unpublicized, but well known practice of NEVER settling out of court, regardless of whether the doctor is completely at fault. They force each and every patient to go through the stress and expense of a court case as they know full well that they have a huge financial advantage over that patient, and this is the best policy they can employ to intimidate potential complainants.
If you are brave enough to go to court and lose, for whatever reason, the CMPA is guaranteed to go after the patient for their legal costs, which is enough to ruin a anyone financially because the CMPA employs only the most accomplished (read expensive) lawyers available. It is estimated that the CMPA has a 2 billion dollar fund to draw from.
The attitude of the CMPA is obviously unethical and disgraceful, but it successfully prevents almost every victim of malpractice from litigating. That is exactly what it is designed to do.
As my lawyer said, the system is so badly broken, and so tilted towards the CMPA, that it needs to be entirely scrapped. It is, in her words, “A complete perversion of justice.”
The CMPA works in the exact opposite way to the provincial lottery & gaming commissions. They always settle out of court and have never allowed a case to come to trial. No matter how notorious.
I guess they like getting it both ways.
Either way, the little guy is the loser.
I always thought governments job was to protect it’s people, not to fleece them. I guess that’s changed huh?
I was threatened by a BC physician in 2001who said to me, “if you file a complaint or attempt to correct the misinformation in your ER consult report you could be institutionalized for a very long, long time”. I took that as a threat, and after 13 years of advocating to change Policy of verbal police reports, we were succesful, now Victoria police must provide MHA detainees and medical staff with a written report explaining reasons for detention.
on Nov. 12, 2014 i filed a complaint against 3 psychiatrist and 2 physicians involved with my unwarranted detention and drugging. It May 29, 2001 it was the 6th day of promoting my upcoming book ‘Canada’s Dishonest Tax Police’, My story in Focus Magazine by rob Wipond, ‘An Overabundance of Caution’
The uplifting part in this is the power they gained. When it falls, it will fall hard. They may smile at this, but it is simply the way things work. People are slowly, very slowly becoming more insightful, although genetics and nurture play a huge part, so let us make babies and educate.
What a fearful egotistical segment of our population doctors have become. Selling their innermost qualities, denying those qualities is not good for their mental health. My daughter’s friends, quite a few have become doctors. I see them changing. I saw the problems early when they hung out at my house, I saw the parts to their personalities, that I found not quite likable…..but I never thought they would become doctors. Now it all makes sense. I argued with one while he was in med school, but there was NO reaching him, in fact maybe there was nothing to reach. So their minds are made up early in life. Their parents encourage it because for them, it is about living through their kids. I look up to mine also, but because of their integrity, not because they are in a position of power. Besides I think being an artist, writer and engineer all wrapped up in one personality shows diversity in the mind. I feel very lucky, only because I know their lives are much more well rounded.
My son died as a result of negligence and i was told be many lawyers that it would cost more than I could hope to recoup if I tried to sue. Our system is grossly unfair to the patients and needs to change. Why should my tax dollars pay the doctors insurance. This is unconstitutional.
Dear Mary-Lou:
I just wanted to extend my deepest sympathy for the terrible loss of your son. Obviously words are inadequate under such circumstances.
I have also been told that any legal action against a negligent physician is useless because the awards given are so completely out of step with the damage actually caused.
While I think you probably made the correct legal decision under the shamefully unjust system that exists at present, patients and their families must pressure our government to address the horrendous inequities now inherent in the system. There is also a desperate need for public education about these inequities.
Your son has lost his life, you have lost your child and that pain shall never abate, I’m sure.
What are the consequence for the physician who caused this tragedy? Well, absolutely none, of course. They won’t even see their malpractice insurance fees increase…not that they actually pay any significant portion of those anyway. As you’ve noted, it’s patients who do most of that!
Doctors have also carefully arranged to police themselves through their “professional” organizations, so there is no appropriate civilian oversight, and it is impossible for patients to hold them accountable. Their licenses are almost NEVER revoked, regardless of the severity, or even the repetitiveness, of their errors.
I’ve made an appointment to talk with my MP about this issue…I can only hope everyone out there who feels the same, will do the same.
Hi Annaliese, good for you. Who is your MPP and what do you plan to ask for? Maybe we should ALL go to each of our MPPs. Mary-Lou and I both lost treasured sone to physician negligence and the CPSO does nothing
%featured%If the claims data can be used in a collaborative manner to drive the patient safety agenda forward this initiative could be a productive development for all stakeholders.%featured%
The government should be out of the equation in support of doctors having their defence provided on the back of tax-payers. Unless, of course, they pay for patients too! Legal aid does not pay for civil cases, so patients haven’t got a chance in a David & Goliath system.
Down with the CMPA! Shame on this continued an ongoing practice in this day and age.
Patients have always had an uphill battle getting the care they need in both a timely fashion and ensuring they get access to a qualified physician of their choice.
Patients are becoming a restless bunch these days in case the medical profession and those who pander to their profession haven’t noticed.
%featured%It’s time to move to a more level playing field. If the medical profession continues to have a CMPA expensive program in place, it should be matched with a Canadian-Patient Medical Protection Association that is equally government funded!%featured%
Elizabeth Rankin BScN
Thanks so much for speaking out! Those of us who will suffer for the rest of our lives because of negligent physicians who hide behind the CMPA and their “self-regulating” Colleges so appreciate a nurse coming forward in support.
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Well, Miss Rankin…I have a case of medical malpractice without a shadow of a doubt. I won’t explain the entire detailed event, but I will say that in September of 1987, a previous doctor of mine, a man who was my family doctor ten years before, told me he’d complete an MTO medical exam for me, so I could upgrade my then class GM driver’s license to a class DM, so I could obtain employment…well, that was the first of a series of jobs I could not get as a direct result of this doctor’s deceit. I went in for the “MTO medical exam” two days after I asked him to the exam process. I went to his office on that fateful day, and the ONLY thing he did was get me to sign BLANK MTO forms (because he was “too busy”), never took any blood & urine samples (because they were “not required for this”) nor did he ask me ONE QUESTION during this so-called MTO medical exam. I was very reluctant to sign blank forms, as that is not how things were done or are done, except maybe in Nazi Germany or the Soviet Union. I did sign the blank forms, numerous signatures on blank forms. After the 3 minute medical exam, the doctor said, “Good luck in the course.” (The course I applied for and was accepted to obtain a class D driver’s license…that he knew I was planning on going 1341 km to take.) He also knew I’d fail this course, and he also knew that the MTO would take away my driver’s license indefinitely…and they did. That was 1987, and I cannot find one human being who either cares what he did, which I find extremely difficult to accept, nor believes me, which sickens me. Not one lawyer will take this case now or would they even listen back in 1987/88/89/90/91…and to top it up, or better yet, to ice the faecal cake with faecal icing, during the 2012 MTO Tribunal, that I paid near $500 to arrange to take place, the “tribunal board” (consisting of two people, an MTO employee who knew nothing about my case, and a “neutral” doctor, who also knew nothing about my case, decided to give me back my driver’s license with no discussion as to exactly why it was suspended for 25 plus years, let alone 25 pico-seconds, in the first place. I have not been able to work anywhere since 1987, although I have found numerous jobs…all of which has company policy to only hire those with a valid driver’s license and a 5 year clean driving abstract. Not only have I not been able to get work, I cannot drive my mother to the cemetery, funeral parlour, or grocery store, I cannot go on a date with a woman…a long list of things I cannot do because of this. This has caused me excessive grief and depression…I pray that I find a lawyer before I die. Money is not what I’m seeking…I’m seeking justice. Thanks.
PREACH. Couldn’t hae said it myself in a greater fashion, my story is in a reply, permanently disa*led due to a messed up c section, i was sent home and not knowing I had a hernia, surgical one, went on with daily life, I tore over hip and now it’s enormous, I don’t have money to sue, and since I just found out I could have possi*ly had repercussions of late, its likely too late. I’ve often felt like why is my heart still going, I’m 46, this happened 10 years ago, and Ive not enjoyed one day of life since, nm the automatic *onding with my new*orn son, I had to consciously *ond with him, as the emotional co relation to the *irth and the hernia is Always there, I forced mysel to love and cherish him, and I always tell him its not his fault, it’s the doctors’
Thank you for being so honest and forthright about the H-E-L-L Care not HEALTH Care we are all forced to accept. I have an advanced stage of cancer now due to a doctor’s negligence and there is very little I can do about it. Lawyers will not touch my case since they state it is almost impossible to win against the “Medical Establishment”. They also mentioned the CMPA will fight me tooth and nail! Unbelievable that we are being victimized and there is nothing we can do about it. I approached 2 law firms in Vancouver, BC that specialize in class action lawsuits and I asked if they would represent me in a Class Action Law suit –Never heard back from either one of the law firms!
Yes we are becoming restless, and so are the doctors with good cause. Nothing is stagnant. Some of us that they hurt die, but more will come, so us, the thorn in your side will NOT go away. There are many nurses who know the truth, possibly more and more will quit in search of soul satisfying jobs and possibly more of them will help people form organizations.
%featured%No fault insurance in the automotive industry fails to protect the innocents. Why do we believe that it would be any different in medical care? %featured%Decades of examples, both litigious claims and anecdotal, err on the side of much injustice both for the patients and families. Recent and past examples of the safety/medical campaigns do not adequately address even the most serious of incidents. Often recall of incidents are short. For those affected, memories are life-long. These situations reflect badly on our valuable and ethical healthcare professionals not to mention the trust factor.
I think patients will continue to be harmed until a regulatory body is set up that truly regulates doctors. Self-regulation is not sufficient. Too many people are having a hard time getting their medical records, and when they finally get them, they are often illegible, incomplete, and/or inaccurate. Too many people are being treated without their informed consent and treated for conditions that don’t need treatment. We have a system that rewards doctors for treating, whether that treatment is necessary or not. We need a system that rewards doctors for positive patient outcomes and for talking to and listening to their patients. Let’s improve healthcare in Ontario. It cannot be done without the active involvement of those that use the services: patients.
Regan makes some good points beyond what the article on the CMPA issues are.
Self-regulaltion of professionals has been called into question for years and since there exists no transparency its very existence is called into question as to it’s effectiveness.
For example, there currently are no adequate informed consent to treatment guidelines that inform or protect patients because there is no specific content outline in any consent form that informs patients what they are actually consenting to: no credentials of the named professionals they’ll be attended by or any ancillary staff they will encounter, no list of previous reprimands and the outcomes to ensure better skills or professional behaviour, no listed updated patient safety protocols to ensure the patient’s safety. No information on the skill level of the surgeon or their up to date technique and their outcomes, no indications as to the infection rates of the doctor or the hospital, and on & on, all important and necessary information required for patients to know about before signing “a consent to treatment form.”
Hospitals and other patient institutions, including doctor’s offices, have neglected the protection of their patient clientele to perform its due diligence for way too long. This issue requires an overhaul in its approach to value and protect patients from those health care providers they see, who prescribe & treat. It is time to inform patients about what treatments they are signing for out of respect for patients and not just expecting their blind trust!
To effectively move into the 21st. century of providing health care safely, patients must be part of the equation for setting up how patients should be informed to treatment before they will accept the treatment that has been verbally & sketchily outlined. Without clear details as to the nature for what it is they are singing for, it is a carte blanche form, with no protection spelled out for the patient. , but has not been provided in writing on a consent form. Instead patients are asked to sign a form that offers little to no protection for patients. Smart patients want smart systems, those that are patient-foused for their protection. They want defined systems of care that are designed to deliver care safely, not business as usual.
Elizabeth Rankin BScN
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The ridiculous CMPA is analogous to the Gestapo handling all complaints of human rights issues made by Jews in 1940’s Nazi Germany…maybe even worse. I had one psychiatrist in town who I only met once in my life at a mental health clinic in Ontario. I was a bit depressed about things, and I asked for advice…NOT medication. This man appeared like he just did not want to be there working as a shrink…he immediately asked me if I ever thought of suicide. Suicide? I replied NO…he then began explaining how to successfully blow my head off with a shot-gun. During this play-by-play reenactment of a sort, I told him I thought his line of questioning and his “cure” for what ailed me was ridiculous at best. He got angry and asked me who the doctor was…I left. This really bothered me, so I complained to the Ontario College of Physicians & Surgeons. After a month or so, I receive a responding letter from the college saying that they contacted the doctor about my complaint, and the doctor denied ever saying anything of the sort to any patient!!! I must’ve had a really bad, and extremely realistic, nightmare eh?
Come to Que, you’ll love the healthcare in Ontario, trust me. It’s similar to what you’d get in the US , waiting times are somewhere @ 4hrs in the emergency, here, can go upward of 12-14 + hours, and most times you’re in and out in ten minutes. They really rarely hospitalize patients, unless they’re psych patients, and they have no choice. I had pneumonia, they sent me home with a script, despite me needing oxygen, I was panting when I left the hospital. It hurt like hell to inhale. You’re fortunate to live there. They messed up my csection ten years ago, sent me home with a surgical hernia, without telling me I had it, and of course I went on with daily life, lifting, and repeatedly going to the emerge cause of the pain finally they told me I had a surgical hernia, it took months, now I cling to life with a ton of medication, and the option of assisted suicide. I’ve not enjoyed one day of life since the c section and had to force myself to get close to my child although it wasn’t his fault, I related the csection to his *irth. Sorry one key isn’t working. I’m permanently disa*led and can’t survive on the pittance they give me for a pension/1400$ a month my son and I. I’m also single so that is less of an income if i had a man, however I wont do that just to have more money…. Thats’ another story, until recently I wasn’t aware I had any legal repercussions, now I know, it’s likely too late. Im permanently disa*led. However only had a certain time frame to sue. O well, such is my life. :)
I 100 percent agree. Healthcare in Ontario is broken and doctors need to be made accountable for the outcomes for their patients.
We agree. A doctor overdosed my wife twice and she almost died both times. An hour before that he had poked her in her back with a spinal\epidural 9 times missing and aimed right for her spinal bag way off to the side instead of were he was supposed to be. Did not give her an oxygen mask during surgery and proceeded to tell her the embellicol cord was around our babies neck instead of being professional about it on a moment that is suppose to be special. It has been tainted. He said “qoute” make sure you ask for morphine and gravol OK” my wife: “NO thank you” We do NOT want Our BABY to have that in its system because we plan on Breast Feeding.
PS. Forget to mention… 2 months before labour, I got a call from a female doctor saying my wife has a urinary tract infection and that her white blood cell counts is very low and that I needed to go buy the antibiotics she has prescribed for her. I let my wife know and she said she does not in fact have a urinary tract infection and she wanted a second opinion because she knew that pregnant women should not take antibiotics while pregnant. So we did just that and sure enough they did tests and told her not to take the medication because there was no infection and if anything her whiter blood cell count is just a little high and that is normal during pregnancy. I say they because yes we actually got 2 seconds opinions just in case.
Doctors should be held accountable for their mistakes, and and so should all medical institutions such as hospitals, and staff, accidents happen the suffering should be compensated.
In 2017-2018 our provincial and territorial governments gave the CMPA $520,000,000 tax payer dollars to hire top tier lawyers to defend doctors who are accused of medical errors/adverse events to fight us in court! They are using our money!!! (see https://www.cbc.ca/news/health/medical-malpractice-doctors-lawsuits-canada-1.4913960 ) Academics, some lawyers and doctors have attempted to discredit the CMPA but little has changed. What is imperative now is to mobilize Canadians and have the court of public opinion speak truth to power by having petitions in cities that will be handed to their MLA/MPP at their office accompanied by a patient who has experienced a medical error and their local press. Then the MLA/MPP is obligated to present it in their legislature. A federal petition (2101) was read in the House of Commons June, 2019. BC is now in the process of presenting petitions to our MLAs in Nov 2019. Check your provincial government web page for directions.
No fault health care compensation will expose medical errors and with mandated reporting, the policing of medical practitioners will be out of their hands. And yes the payouts may not be what you may want but it is better than nothing and open transparency will result in accountability which is so lacking in our system.
According to the CMPA, their system is beneficial for patients but it was established in 1911 and only exist in Canada. Yet no fault health care compensation was established in 1974 and seven progressive now have no fault compensation. “Watch what the do, not what they say”. We must mobilize our citizens, only then change will happen!!!