Medical malpractice litigation is very expensive. Plaintiff and defence economics differ radically. Potential damages must be divided by the risk factor.
Medical malpractice litigation is very expensive. Many litigators with little experience in the field extrapolate from accidental personal injury and seriously underestimate costs of pursuing a medical malpractice action.
The cost unit of disbursements is ten thousand dollars. The Canadian Medical Protective Association (CMPA) spends an average of $100,000 on cases proceeding to trial - and wins four out of five judgments.
Plaintiff and defence economics differ radically. The playing-field is not level and never will be. The CMPA is not guided by short-term economics, as is the plaintiff. Because the Association is essentially a monopoly mutual indemnifier, avoiding new precedents is central policy. It is economically sound for the CMPA to spend $200,000 defending a $20,000 case to discourage 20 similar actions in the future.
Potential damages must be divided by the risk factor. The further the maximum quantum is below $100,000, the simpler and more certain of success must be the cause of action.
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