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"The notion that there might be a
correlation between no-fault medical
compensation and improved patient safety
is absurd."
Richard Halpern, Gluckstein Lawyers
Breeden says the concept behind finding
ways to make it more economical to deal
with the cases below is good in theory. Still,
he worries that such a system might mean
less for the most catastrophic cases — where
large settlements can impact quality of life.
Halpern says preserving the tort system
for medical malpractice cases is crucial,
explaining that versions of no-fault insur-
ance in other countries have not worked well.
"The notion that there might be a correlation
between no-fault medical compensation and
improved patient safety is absurd."
Indeed, eliminating the accountability
and deterrent effect of the tort system
means it is likely to put more patients at
risk, he says. As part of the Holland group,
which includes CMPA lawyers and plain-
tiff lawyers, to look at possible reforms,
Halpern says any potential changes would
not undermine the tort system.
"We encourage best practices, both on
the defense side and on the plaintiff side.
And what that means is that we encourage
lawyers who engage in this work to care-
fully evaluate cases early to determine
early on whether or not the standard of
care or causation has been met ... and then
to proceed only with cases where you can
establish that there is merit."
