Fault/no fault: bearing the brunt of medical mishaps

August 2008
CMAJ: Canadian Medical Association Journal;8/12/2008, Vol. 179 Issue 4, p309
Academic Journal
The article discusses the doctor's liability in medical mishap in Canada. It explores the legal system on the redresss of patients injured by medical error or fault such as the complaint system for tort liability. An overview of the difficulty of proving fault or negligence to obtain compensation and the meager amount of awards in lawsuits in different countries is presented. The Liability and Compensation in Health Care report provides an option to patients to opt for a no-fault compensation scheme. Former University of Toronto president Robert Prichard asserts that it would limit the lawsuits and ensure compensation for the injury. He argues that the federal government should study an alternative accident compensation since the victims continue to bear the suffering of malpratices.


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