http://www.aaos.org/news/aaosnow/sep11/managing4.asp
Canada
All Canadian physicians purchase medical liability insurance through the Canadian Medical Protective Association (CMPA).
Malpractice insurance premiums in Canada are lower than those in the United States for the following three major reasons:
The courts in Canada have set caps on medical liability awards.
Existing Canadian laws set a high hurdle for proving medical liability.
The CMPA is notorious for vigorously defending any and all medical liability suits.
Additionally, in Canada, the losing party pays approximately two-thirds of the winner’s costs. This is a significant disincentive for bringing a medical liability suit.
The Canadian Supreme Court has established guidelines for noneconomic awards at a maximum of roughly $300,000, and the types of cases in which noneconomic awards can be made is limited. In order to sue, the plaintiff must prove that the physician not only caused injury, but also violated a duty of care. Errors in judgment are generally not causes for lawsuit.
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