After residency (CMPA)
Once you have completed your postgraduate education, you will have to take out liability protection in order to protect you for the medical acts performed during your practice. When completing the questionnaire, to the question concerning your liability insurance coverage during residency, you must enter Direction des assurances du réseau de la santé et des services sociaux (DARSSS).
Under the collective agreement, the liability insurance you enjoy during residency through the DARSSS covers all medical acts you performed during your residency, regardless of when in the future any legal action might be taken. It does not, however, cover action for complaints of an administrative nature or of professional misconduct that could be filed against you with an establishment or the Collège des médecins du Québec. It should nevertheless be noted that this type of complaint is rare and usually entails no financial penalty. So, do you need the additional retroactive coverage offered by the CMPA? We invite you to read on for further details.
With respect to legal action (medical acts)
- Once you have completed your training, in addition to the protection you will be securing for your practice, the Canadian Medical Protective Association (CMPA) will be offering you the opportunity to take advantage of "retroactive" protection for acts performed during your postgraduate education.
- We remind you that this "retroactive" option protects physicians for any legal action taken after you complete your postgraduate education concerning acts performed during residency.
- MEDICAL RESIDENTS TRAINED IN QUEBEC ARE THUS ALREADY COVERED FOR THIS TYPE OF LEGAL ACTION, VIA THE DARSSS.
With respect to complaints of an administrative nature or for professional misconduct
- These are complaints filed with the hospital or the Collège des médecins du Québec, which can lead to investigations, including disciplinary investigations.
- During residency, the Fédération des médecins résidents du Québec will provide you, at no extra cost, with support and the services of legal counsel, where necessary.
- After residency, though, consulting services for this type of complaint are not covered by the DARSSS's liability insurance, nor are any legal fees or fines that could arise from such complaints. Only the fees linked to civil actions in medical liability for medical acts performed during your residency for which civil action is taken against you are covered by the DARSSS.
- CMPA's retroactive protection adds to this coverage for fees linked to consulting services.
- Even if complaints of an administrative nature filed after the completion of residency for situations occurring during residency are rare, CMPA’s retroactive protection gives you access to specialized legal counsel with experience in this type of situations, as they work with practising physicians on a regular basis. It is therefore up to you to gauge your needs before deciding whether or not to pay for this protection against complaints of an administrative nature.
- The cost for CMPA’s retroactive protection is $ 228.90.
- For more information, please consult CMPA’s website.
- Should you decide not to take the protection, though, you will nevertheless be covered for any civil action concerning medical acts performed during your postgraduate education. For further information, feel free to get in touch with the FMRQ (firstname.lastname@example.org).