After residency (CMPA)
Upon completion of your residency, you will take out coverage with the Canadian Medical Protective Association (CMPA). (lien pas valide) The CMPA will ask you with which insurer you held malpractice coverage as a medical resident. You respond that it was with the Direction des assurances du réseau de la santé et des services sociaux de SigmaSanté.
The CMPA will also offer you the opportunity to take out optional retroactive insurance covering doctors for any prosecution or legal action taken after you have completed your postgraduate education, concerning acts performed during residency. The fee charged by the CMPA for this coverage is approximately $285.00, which amount can vary depending on the situation of the resident.
Concerning legal action
Upon completion of your training, the collective agreement already provides that any act performed during residency that is subject to civil prosecution is covered by malpractice insurance, until the time limits expire. Medical acts performed during your residency for which civil action (in Superior Court) is taken against you could, if you subscribe to the CMPA’s retroactive coverage, be covered by both insurance plans, i.e., that provided for under the collective agreement and the CMPA’s.
Concerning complaints of an administrative nature
If an administrative complaint is made against you (complaint to a medical examiner or the Collège des médecins du Québec) during residency, the Fédération des médecins résidents du Québec will provide you, for no additional charge, with support and the services of a legal advisor, if necessary. After residency, though, consulting services for this type of complaint are not covered by either the Direction des assurances du réseau de la santé et des services sociaux de SigmaSanté malpractice insurance or the Federation, nor are any legal fees or fines stemming from such a complaint. For its part, the CMPA provides consulting services (legal or other advisor) through its retroactive coverage component, but will not cover fees or fines that could be payable by a physician for administrative complaints.
The Federation feels the $285 charged by the CMPA is high, since for medical residents trained in Quebec the coverage will be used only in cases of complaints of an administrative nature. It is up to you whether or not you pay for this retroactive coverage. If you decide not to take it, then you will not have coverage for complaints of an administrative nature, but you will nevertheless be covered for medical acts performed in the course of your postgraduate education. For further information, feel free to get in touch with the FMRQ.