Researchers challenge Canada's "malpractice myth"
The perception that Canadian doctors "are making more mistakes" and that Canadians are much more likely to sue them than in the past is false, researchers say.
In a recent "mythbusters" article, the Canadian Health Services Research Foundation (CHSRF) pointed out that the number of malpractice lawsuits filed in Canada peaked at 1,415 in 1996, and by 2004 had dropped to 1,083 - a decline of 23%. At the same time, an increasing proportion of lawsuits that went to trial concluded with judgments that favoured physicians (73% in 1994, 82% in 2004).
The CHSRF first studied the issue in 2004, and says its new look at more recent data this year "confirms that doctors are in fact much less likely to get sued than in the past."
This is good news for the Canadian Medical Protective Association (CMPA), which provides malpractice coverage for more than 60,000 physicians. "There has been a decline in the number of new lawsuits over the past 10 years," agrees Dr. William Beilby, the CMPA's associate executive director and managing director of risk management services.
The CHSRF says people may think there are more cases because the awards in malpractice decisions are increasing. In 1995, for instance, the CMPA paid an average of $181,281 for lawsuits that were successful or settled out of court. By 2004 this had risen to $300,692, a 66% increase. "People probably believe lawsuits are on the rise because of isolated media reports about high-profile, high-cost cases," the CHSRF reports.
However, despite that increase, there is little doubt Canadian physicians are in a far more comfortable position than their American colleagues. For instance, insurance fees for Canadian doctors have increased by about 12% in the last three to four years, and most physicians are insulated against them via their collective agreements with provincial and territorial governments. (In Canada, CMPA fees and the size of fee increases vary according to which of three CMPA regions physicians practise in.)
In the US the story is much different, with states such as Florida, Texas and New York witnessing fee increases of 30% to 50% between 2001 and 2002.
"Many high-risk specialists such as obstetricians and neurosurgeons now pay annual fees of more than US$100,000, which is leading some of these doctors to leave practice," the CHSRF concluded.
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© Canadian Medical Association or its licensors 2006
