If a medical malpractice claim is successful, the monetary damages that are awarded by the courts or upon settlement are paid by the medical professionals’ insurer or protective association. Doctors are covered by the Canadian Medical Protective Association (“CMPA”), while hospitals, nurses, and other health care professionals are covered by insurance companies. The medical professional will receive legal representation and, in the event of a successful claim, the insurer or the CMPA will pay out the damages.
The courts do not have the authority to revoke a medical professional’s license. The medical professional’s regulatory body, such as the College of Physicians and Surgeons or the College of Nurses, has the authority to order education, fines, and revoke licenses. They can conduct an internal investigation to determine the proper course of action against the health professional in question. This process can be done without a lawyer, however it is recommended that you speak to your lawyer first if you are considering litigation through the courts.
Medical malpractice cases are challenging to advance, and require the services of an experienced medical malpractice lawyer. If you would like to discuss your medical negligence claim, Wagners’ medical malpractice lawyers offer free consultations, and have the expertise necessary to assess your situation.