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Links and Helpful References

Why Canada should adopt "No Fault" compensation policies to help patients instead of giving money to legal teams at CMPA

https://www.commonwealthfund.org/publications/publication/2012/jun/improving-patient-safety-and-lowering-malpractice-costs-through

http://www.patientsafetyinstitute.ca/en/About/Documents/The%20Case%20for%20Investing%20in%20Patient%20Safety.pdf

  • ​Is Canada’s medical malpractice system working?

http://healthydebate.ca/2014/11/topic/cmpa-medical-malpractice

  • Ethical argument supporting "no fault" compensation

http://journalofethics.ama-assn.org/2007/04/oped1-0704.html

  • “The three main functions of a medical regulatory system (open & transparent reporting, no fault comp) are to provide compensation for injury, accountability, and deterrence, and mechanisms that enable learning.”

https://bjgp.org/content/67/654/38

  • “Our current fault-based system for handling … cases can take years to be settled. Expert hired witnesses, some of dubious professional status, are called upon because the busiest specialists are reluctant to become involved in what can be a time-consuming and intimidating exercise.”

https://theconversation.com/why-dont-we-create-a-no-fault-scheme-for-medicalinjuries-25329

  • Journal of Ethics : “Patients who suffer adverse health care.... engage a plaintiff attorney and begin a long journey down the tort pathway to seek compensation. This process is adversarial and has many inconsistencies...clever lawyering skills can distort the picture … an award ... is usually years after the adverse event, and the award is reduced by a large percentage that covers the attorney's fees and expenditures associated with the trial.”

https://journalofethics.ama-assn.org/article/no-fault-cure-medical-liabilitycrisiscommentary-1/2007-04

  • “The data examined in this report suggest that there is an imbalance between the value Canadians receive and the relatively high amount of money they spend on their health-care system.”

https://www.fraserinstitute.org/studies/comparing-performance-of-universal-health-care-countries-2019

Is It Time to Adopt a No-Fault Scheme to Compensate Injured Patients? "The tort system is roundly indicted for its inadequacies in providing compensation in response to injury." - Elaine Gibson, Dalhousie University Schulich School of Law  

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https://digitalcommons.schulichlaw.dal.ca/scholarly_works/309/

“many social scientists concluded that the (medical) profession had abused its privileged status and public trust and that its regulatory procedures were seriously flawed..... the overarching objective must be to protect the public.”

https://journalofethics.ama-assn.org/article/medical-profession-and-self-regulation-current-challenge/2005-04

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