What safeguards are in place to protect US residents from medical malpractice by doctors in Canada?

Question

If a US resident elects to have a medical procedure performed in Canada, what recourse does that patient have if he or she is not satisfied with the procedure? Further, what Canadian agencies oversee or report on medical providers?

Answer 1

All doctors in Canada carry malpractice insurance. However it is your obligation to prove that the doctors was negligent in his or her level of care. Generally there has to be a great deal of damage suffered by the Plaintiff in order to sue a Doctor in Canada. Just not being satisfied is not grounds, it has to be gross negligence causing harm. Or if the doctor misrepresented him or herself.

The court system can handle malpractice suits, as well as there is a canadian medical board where you can file a formal complaint. The name escapses be now however it will be listed in the blue pages of any canadian phone book.

Answer 2

I would think if a US resident is not satisfied with the procedure received and is seriously considering a lawsuit, it could happen. Physicians carry malpractice insurance for anyone that they have treated that decides to "sue" them it doesn't have anything to do with where the patient lives. I do not know about Candian agencies overseeing or reporting on medical providers, could be something out there, but if not why would they chose to go to a provider out of the country when they could receive reports on medical providers right here in the US?>??

Answer 3

So what is the malpractice here? Not telling you (assuming they knew) has posed no risk to your child unlike if it were a heart condition or suchlike, and what could they have done? Judging by the quality of ultrasound pictures I very much doubt that the deformed facial features were obvious, I can only just make out the vague shape of the baby. Even if they had known and told you what would you have done, had an abortion? not very good being seen to not want a child because his face is slightly deformed! I think you are just angry and want to take it out on someone, go ahead if you like but the whole case would rest on being able to determine the deformity from the ultrasound and even if you could I doubt you'd win. Sorry but there probably isn't much you can do.