Conceptual illustration of healthcare legal balance

Navigating Rising Healthcare Costs: A Guide to Legal Support and Protection

Rhea Morgan in Health & Wellness November 2025 • 4 min read.

"Understanding the Escalating Costs of Legal Support for Physicians in Canada and What It Means for Your Healthcare Future"

In the evolving landscape of healthcare, ensuring that physicians receive affordable and accessible legal protection is becoming increasingly critical. The Canadian Medical Protective Association (CMPA) highlights that significant changes are necessary to navigate these challenging times. With the costs associated with legal support escalating, understanding the dynamics at play is crucial for both healthcare providers and patients.

Money is a significant factor contributing to the problem. Data indicates that while the number of lawsuits against Canadian doctors has decreased by 5% over the past decade (from 909 in 2005 to 866 in 2014), the damages awarded by the courts have surged. Specifically, median damages in Canada have increased by 117% in 10 years, jumping from $99,500 in 2005 to $215,700 in 2014. Additionally, median legal expenses have grown by 63%, rising from $30,100 per case in 2005 to $49,000 a decade later.

According to Dr. Hartley Stern, CMPA executive director and CEO, current models have not accurately predicted the magnitude of these increases, particularly in Ontario. This unforeseen escalation necessitates a deeper look into the factors driving these costs and the strategies being developed to manage them.

Why Are Legal Costs for Physicians on the Rise?

Conceptual illustration of healthcare legal balance

Several factors contribute to the escalating legal costs for physicians in Canada. One significant element is the doctrine of subrogation, under which Canadian governments can pursue legal action to recover healthcare costs from parties responsible for injuries. When a patient successfully sues for damages, the government may seek to recoup the expenses incurred for the patient’s medical treatment. This can lead to increased insurance fees for physicians, which are often paid by the government, creating what Dr. Stern describes as a "circular money" problem that doesn't provide tangible benefits.

Physicians in provinces with larger populations have experienced substantial increases in CMPA aggregate fee requirements. For instance, doctors in Canada's largest province have seen a 29% increase in their CMPA fees. This means that in 2016, they faced an additional $2,225 in CMPA fees per physician. This financial strain adds to the overall burden on healthcare providers and can affect the affordability and accessibility of medical services.

Increased complexity in medical cases.
Rising patient expectations and awareness of their rights.
Lengthier and more complex litigation processes.
Greater focus on accountability in healthcare settings.
Broader interpretation of liability.

Alongside rising costs, the demand for legal services from the non-profit CMPA has increased significantly. The CMPA provides legal assistance to physicians and financial awards to successful plaintiffs. The number of physicians seeking advice or assistance in college-related matters has doubled, while hospital-related matters have risen by 75% over the past decade. In 2014, there were 4,326 college-related matters brought before the association, highlighting the growing need for legal support in the medical field.

What Steps Are Being Taken to Control These Costs?

The CMPA is actively working to mitigate legal risks through education. Currently focused on obstetricians, these efforts will soon extend to neurosurgeons and cardiovascular surgeons. By providing targeted training and resources, the CMPA aims to reduce the number of incidents and accidents in high-risk practice areas. Risk-reduction efforts are being expanded to include the general membership, with 450 educational and training programs offered to over 25,000 physicians and allied health professionals last year, including teaching faculty.

About this Article -

This article was crafted using a human-AI hybrid and collaborative approach. AI assisted our team with initial drafting, research insights, identifying key questions, and image generation. Our human editors guided topic selection, defined the angle, structured the content, ensured factual accuracy and relevance, refined the tone, and conducted thorough editing to deliver helpful, high-quality information.See our About page for more information.

This article is based on research published under:

DOI-LINK: 10.1503/cmaj.109-5154, Alternate LINK

Title: Costs And Demand For Legal Support Escalating

Subject: General Medicine

Journal: Canadian Medical Association Journal

Publisher: CMA Joule Inc.

Authors: Donalee Moulton

Published: 2015-09-21

Everything You Need To Know

What are the primary reasons behind the escalating legal costs for physicians, as highlighted by the Canadian Medical Protective Association (CMPA)?

The Canadian Medical Protective Association (CMPA) indicates that legal costs for physicians are rising due to several factors. While the number of lawsuits has slightly decreased, the damages awarded by courts have surged. Median damages in Canada increased by 117% over a decade, and median legal expenses rose by 63%. Furthermore, the doctrine of subrogation, where governments recover healthcare costs from liable parties, contributes to increased insurance fees for physicians.

How does the doctrine of subrogation in Canada contribute to the rising legal costs for physicians and what are its broader implications?

The doctrine of subrogation allows Canadian governments to pursue legal action to recover healthcare costs from parties responsible for injuries. This means that if a patient successfully sues for damages, the government may seek to recoup the expenses incurred for the patient’s medical treatment. This can lead to increased insurance fees for physicians, which are often paid by the government, creating a cycle where money is spent without tangible benefits. This financial burden on the healthcare system ultimately affects physicians and, potentially, healthcare accessibility.

What specific steps is the Canadian Medical Protective Association (CMPA) taking to control the rising legal costs for physicians, and what are the target areas for these interventions?

The Canadian Medical Protective Association (CMPA) is working to mitigate legal risks through education and training programs. Initially focused on obstetricians, these efforts are expanding to include neurosurgeons and cardiovascular surgeons. The goal is to reduce incidents and accidents in high-risk practice areas. Additionally, the CMPA offers numerous educational and training programs to its general membership, involving physicians and allied health professionals, to promote risk reduction and improve patient safety. This proactive approach aims to reduce the demand for legal support and, consequently, control the escalating costs.

In what ways do increased Canadian Medical Protective Association (CMPA) fees impact physicians and how might this affect the accessibility and affordability of healthcare?

Increased CMPA fees for physicians, such as the 29% increase experienced by doctors in Canada's largest province, can strain healthcare providers financially. This can affect the accessibility and affordability of medical services. Physicians may face added financial burdens, potentially impacting their ability to provide care or influencing decisions about practicing in certain high-risk areas. This escalation can indirectly affect patients by limiting access to specialized medical services or increasing wait times.

How does the increasing demand for legal services from the Canadian Medical Protective Association (CMPA) reflect the challenges faced by physicians, and what might happen if that support was limited?

The rising demand for legal services from the Canadian Medical Protective Association (CMPA) indicates an increasing need for legal support in the medical field. The number of physicians seeking advice or assistance in college-related matters has doubled, and hospital-related matters have risen by 75% over the past decade. This surge in demand suggests that physicians face more complex legal and ethical challenges, requiring greater support from organizations like the CMPA to navigate these issues effectively. If the CMPA were to struggle in providing support then legal costs would increase further.