Reasons Why Medical Malpractice Claims in Canada Are Less Compared to the U.S

So, one thing you need to know before you begin reading through the article is that the Canadian courtrooms and U.S. courtrooms are usually totally different; at least they are like the American television courtrooms you always see being televised. In fact, it is absolutely nothing like that and part of the reason why is due to the different types of legal systems between the two countries. The differences are also evident when you talk to the medical malpractice lawyers Toronto.

There are vast numbers of differences between the legal systems of Canada and USA but you will still notice that a few of these legal systems are quite similar and also contribute to some of the reasons why the compensation rates of most plaintiffs are usually very low. In fact, your chances of winning a medical malpractice claim in Canada is so difficult that sometimes the doctors and nurses who actually cause these negligent acts walk away scot-free. This article has attempted to try and explain some of the differences in the two countries’ legal systems.

  1. Low compensations for any pain and sufferings in Canada

Back in 1978, the Canadian Supreme Court declared an inflation-adjusted cap on the total amount that any plaintiffs involved in medical malpractice claims could be compensated. And as of 2015, the maximum compensation that the Canadian supreme court has allowed for any plaintiff who has suffered pain and suffering as a result of the defendant’s negligence in a medical malpractice claim to be awarded is about $350,000. And this is constant no matter how catastrophic the damage might have been.

In the New York state alone, back in 2011, up to ten cases that filed cases involving medical malpractices were awarded well more than $3,500,000 for the pain and suffering the plaintiff went through. But you will find that most of the US states are now starting to put limits on these claims now as well and you may be surprised that some of these limits are even lower than that of Canada.

  1. Socialized medicine will lower the plaintiff’s future costs

This means that the plaintiffs are usually awarded for any other medical expense costs that they always end up paying in the future as well. But this is not the same in Canada, where the defendants don’t need to pay the plaintiffs for any provincially-funded health care costs like physician appointments or hospital in-patient appointments. In the US, the defendants may sometimes be required to pay for any of the future costs incurred by the plaintiffs as a result of the injuries that were caused by the defendant’s negligence when handling the plaintiff in medical malpractice claims.

  1. Jury awards are usually similar in Canada

In Canada, all juries that award compensations to the plaintiffs in cases where the decision is in the plaintiff’s favor need to explain their decisions in detail and in written forms and are usually bound by the evidence they are presented as well as any other decisions that were made in the previous cases. The Canadian courts don’t function like this as you will realize that most of the money they compensate the plaintiff are always from the tax-funded programs which are another reason why the compensations are usually not as high.

  1. Punitive damages are rare in Canada

The legal system usually aims to compensate the victims of negligence in such cases and not to punish the defendants. The compensation is usually aimed at ensuring the victim can return back to the way his/her life was before the injury occurred from the negligence and this is also another reason why the punitive cases are less common in Canada than they are in the USA.

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