The CMPA also provides compensation to patients and their families proven to have been harmed by negligent medical care (fault in Québec).
Founded at the 1901 annual meeting of the Canadian Medical Association, the CMPA was incorporated by an Act of Parliament on 27 February 1913, and given Royal Assent on 16 May 1913.
Dr. Powell’s annual reports optimistically predicted the CMPA would be a large and important organization while describing the difficulties in increasing the membership.
Testament to the calibre of the legal assistance is evidenced by the number of CMPA counsel who have been appointed to the bench in provincial and federal courts through the years.Incorporation - A Stormy Passage The Act of Incorporation generated considerable lively debate in both the House of Commons and Senate of Canada.
It is legislation against the interests of the mass of the people, and is the creation of a monopolistic corporation... against the rights of the individual in the matter of the selection of his method of cure and treatment in the case of disease.
There was also concern about recruiting physicians to support a plaintiff's case in court.Consistent Core Values Dr Powell often reiterated the value: Our organization does not consist in the fights we have put up or in the open success we have had but rather in the silent influence we have swayed against litigants who for a money gain have sought to blast the reputation of conscientious, painstaking and reputable practitioners knowing or suspecting that they have an easy mark and that to avoid publicity a medical man will often submit to what amounts to blackmail.
[6] In its Strategic Plan,[7] the CMPA's stated mission is "To protect the professional integrity of physicians and promote safe medical care in Canada."
To that end, the CMPA seeks to resolve medico-legal matters on behalf of its member, identify and promote practices that reduce physicians' medical liability risk, identify system-level changes to reduce adverse events, and support public policy that contributes to an effective and sustainable medical liability system.
A 'huge gulf' exists between the number of Canadian patients injured by negligence and those who receive compensation, said University of Alberta law professor Gerald Robertson.
The patient-safety movement may 'raise consciousness' about the need for better compensation for patients, since it will likely raise awareness about the frequency of adverse medical events.
[9]One claimant who received compensation, Campbellford resident John Lewis, said "one of the main barriers to patient safety in this country" is the Canadian Medical Protective Association.
"[10] Critics of loser-pays rules and bans on contingency fees say such efforts discriminate against patients who can't afford to pursue a claim.
CMPA funds are also used to provide compensation, in the form of awards and settlements, to patients and their families found to have been harmed by negligent clinical care.
[33][34][35] In 2008, Healthcare Quarterly published "Giving Back the Pen: Disclosure, Apology and Early Compensation After Harm in the Health Care Setting."