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The Canadian Medical Protective Association (CMPA) contests most medical malpractice claims as part of its work defending most physicians in Canada. Before you take legal action, get advice about the filing deadline and which medical evidence you'll need to support your case.
For a worried family, this distinction matters: the CMPA's involvement doesn't establish whether the doctor was at fault. You'll still need evidence showing what care you received and how it caused your injury. Ask a lawyer in your province how those requirements apply to your claim.
What the CMPA means for a malpractice claim
The CMPA's role here is on the physician's defence side. A lawyer who brings claims for patients (also called plaintiffs) can assess your situation if you're thinking about bringing a claim.
Because the CMPA contests most claims, supporting your account of what happened takes medical evidence: the chart and an appropriate medical expert's assessment. Before deciding whether to go ahead, find out from the lawyer what evidence your case would need.
The assessment asks whether the physician's care fell below the required standard, then addresses a separate question: did that failure cause the injury? Quebec's Civil Code requires you to link the injury to a fault when you bring a claim.
Why expert evidence matters
To prove medical negligence in the common-law provinces discussed below, you'll need a physician in the same field to give evidence about the standard of care and causation. When expert reports must be served depends on provincial court rules. You'll have to meet those court deadlines.
Those medical questions aren't something you have to work through alone. Ask the lawyer at your first consultation which records the reviewer will need and what physician's field fits your case. If a delivery concerns you, ask whether the records should include the delivery notes, for example.
Starting a claim isn't the same as proving it. To start a medical malpractice claim in Ontario, Alberta or British Columbia, you don't need an affidavit or certificate of merit. You'll need expert reports as your case goes on.
To start a claim in Quebec, you don't need an affidavit or certificate of merit either. You'll still have to show causation and the required standard of care through expert evidence there. That process follows the Code of Civil Procedure.
The filing deadline comes from provincial law
Your deadline doesn't come from the CMPA's involvement. The law governing your claim sets the limitation period. When you knew certain facts can affect when it starts, including facts you reasonably should have known.
Which rules apply depends on the province or territory. You can start with the Canadian province pages, but ask a lawyer to calculate the deadline for your circumstances. As the examples below show, a single Canada-wide filing rule would give the wrong impression.
| Province | Basic filing period | Long-stop period |
|---|---|---|
| Ontario | Generally two years after discovery of the claim. | Generally 15 years after the act or omission, with exceptions. |
| Alberta | Generally two years after the required facts were known or ought to have been known. | Generally 10 years after the claim arose, with the earlier deadline applying. |
| British Columbia | Generally two years after discovery of the claim. | Generally 15 years after the act or omission, subject to exceptions. |
| Quebec | Generally three years after the injury; for a late or progressive injury, from when it first appears. | No ultimate limitation period. |
Ontario's sections 4 and 5 of the Limitations Act, 2002 ask when you knew about your injury and the provider's part in it, including whether you knew a lawsuit was appropriate. Alberta has a shorter ultimate period under its Limitations Act, despite a similar discovery-based test.
To check British Columbia's discovery rules, look at sections 6 and 8 of its Limitation Act. For Quebec's different framework, look at articles 2925 and 2926 of the Civil Code of Québec.
A child's claim needs an early deadline check
Don't assume a child's deadline waits until adulthood. While the claimant is under 18 and has no litigation guardian for the claim, Ontario's two-year period doesn't run. During minority, Alberta suspends limitation periods. But a potential defendant can start the clock there by giving notice to proceed.
Because prescription generally runs against minors in Quebec, their tutor (usually a parent) must act within the three-year period, subject to exceptions; Quebec's approach is different. Ask a lawyer to check your injured child's deadline now, rather than waiting.
Prepare for a legal consultation
Write down which care concerns you for the first conversation with the lawyer, noting when you learned about the injury and what you want reviewed. When you write, separate your memories from what the chart says.
- Which limitation period covers your claim, and when does the lawyer think it likely started?
- Find out which records to request (delivery notes may be relevant).
- What must an expert report show about your injury and the care you received?
- Ask whether the lawyer handles patient claims involving CMPA-defended physicians.
Your concern isn't settled by who defends the physician. A lawyer in the province where your claim belongs can check your deadline and explain what medical review you'll need. Treat this as general information, not legal advice.
Common questions
What does CMPA stand for?
Does CMPA involvement mean a patient can't bring a claim?
Is there a two-year deadline everywhere in Canada?
Do I need an expert report before starting a claim?
Sources
- Cow's Milk Protein Allergy, GIKids