CMPA lands in transparency hot seat after allegations that group defends doctors with public funds

TORONTO | The Canadian Medical Protective Association has come under fire after a Toronto Star report alleged that the organization was defending doctors with public funds.The article, whose headline read “Suing a doctor? Your tax dollars will be used against you” claimed that Ontario taxpayers paid almost $200 million last year to subsidize the legal defence of doctors charged with medical negligence, regulatory transgressions and criminal offences.The argument, in short, is that because the province reimburses doctors for a percentage of their membership fees, the association should be subject to the same scrutiny as other public bodies.“Whether the money is paid directly to the CMPA or through a physician reimbursement program is a distinction without a difference,” lawyer Paul Harte told the Star. “Either way, hundreds of millions of dollars are funnelled from the health budget to the CMPA.”The CMPA disputes this. In a written statement to the Medical Post a spokesperson wrote that the association “does not receive any public funds.” The reimbursement physicians receive for their mandatory membership fee is negotiated with the government in lieu of regular payment. The CMPA plays no part in these discussions.A patient caseThe Star report seems to be prompted, in part, by the case of Felicity Polera. Polera was under the care of Dr. Phillip Wade when an untreated tumour took away her vision and hearing on the right side of her face. All parties, including Dr. Wade, admit that negligence played a role but now that the CMPA lawyer has appealed the case, it may be another five years before Polera sees any kind of financial recompense.“It is soul-sucking and demoralizing,” Amani Oakley, Polera's lawyer, told the Star. “You get a successful step in the litigation. And instead of moving forward you get appeals and delays. There’s no incentive for them to settle. They have billions of dollars from taxpayers to fight this.”According to the report, the CMPA has a $3.2 billion dollar fund to draw on in defence of doctors, but even this may be insufficient to settle future claims, said Dr. Douglas Bell, the CMPA's associate executive director. While the number of claims has remained consistent over the last decade, the legal cost of a lost settlement has seen a median increase of 117%, from $99,500 in 2005 to $215,700 in 2015.As a result, membership fees have increased nearly 200% in the last three years. In Ontario next year, fees are expected to rise another 33%.According to Ontario Medical Association president Dr. Mike Toth, the portion that is coming directly out of doctors’ pockets (that is not reimbursed) has “grown substantially,” the Star reported.“The CMPA is actively encouraging provincial and territorial governments to undertake sensible reforms to the civil justice system to eliminate or reduce unnecessary costs,” said the CMPA statement.

CMPA lands in transparency hot seat after allegations that group defends doctors with public funds

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