Medical malpractice lawsuits are extremely complex and litigated differently than most other personal injury lawsuits. These cases involve large players such as the Healthcare Insurance Reciprocal of Canada (HIROC), who defend the Hospital and Nurses, and the Canadian Medical Protective Association (CMPA), who defends the Doctors. The collective resources of these big players (estimated at over $3 billion) make it difficult for injured parties to pursue medical malpractice claims without representation from established, reputable medical malpractice lawyers who have extensive experience successfully litigating medical malpractice lawsuits.
With the proper representation, victims of medical malpractice, medical error, or negligence should not be dissuaded from filing a claim and pursuing their rights. At Sommers Roth & Elmaleh, our experienced and dedicated medical malpractice lawyers routinely take on the CMPA, and will compassionately and skillfully guide you through the process of pursuing a medical malpractice claim.
The CMPA: Some Facts
The Canadian Medical Protective Association (CMPA) is an Ottawa-based “mutual defense association” representing doctors from across Canada.
Canadian doctors pay thousands of dollars a year to be members of the CMPA. As a result, the CMPA is incredibly well-funded, with around $3 billion in resources. The CMPA provides liability protection and will provide a legal defense for doctors who have had a medical malpractice claim brought against them.
The Association has become well-known for their “scorched–earth” approach, vigorously defending doctors in court, even in cases where a settlement would be easier and more economical. It regularly hires some of the largest law firms in the country and has the resources necessary to retain numerous experts, medical professionals, and others who can contribute to the defence of a physician accused of malpractice.
As a result of the CMPA’s daunting reputation, many personal injury lawyers are hesitant to bring medical malpractice claims against the CMPA while others are unable to withstand the pressure and advise their clients to abandon or dismiss their case. These claims can rapidly become exorbitantly expensive. They are challenging, highly technical, and require vast medical and legal knowledge, as well as an in-depth understanding of the inner workings of the medical system. A properly-run medical malpractice case also requires retaining numerous experts, usually at the cost of the medical malpractice lawyer.
If you or your child have been seriously injured due to negligence or medical error, contact Sommers Roth & Elmaleh. We are not afraid to take on the CMPA and the medical profession. Our lawyers are immensely well-respected in both the legal and medical communities. We have a proven track record of success, and are regularly consulted by other lawyers who seek our authoritative opinions on medical malpractice and pediatric malpractice cases. call us at 1-416-961-1212 or contact us online for a free consultation.
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