The answer is simple – it is about leveling the playing field.
Allow us to explain. In the field of birth injury, the playing field is far from level. Physicians in Canada are represented by an organization called the Canadian Medical Protective Association (the “CMPA”). The CMPA is a highly sophisticated and well-funded organization. Its mission statement includes “protecting the professional integrity of physicians”, and they defend these physicians vigorously.
A quick glance at the CMPA’s most recent annual report reveals some frightening statistics. In 2014, of all of the medical malpractice cases that were heard in court, the plaintiff lost, and received no compensation, in 72% of the cases. Of the cases that resolved out of court, 60% resulted in dismissals, again with no compensation to the plaintiff. It is worth pointing out that previous years have seen even worse outcomes for injured plaintiffs.
BILA lawyers handle these cases in a way to make the odds of success far better. Importantly, these statistics do not reflect the experience of BILA lawyers. BILA lawyers have a track record of success in representing victims of medical malpractice, particularly children with birth injuries.
There can be no doubt that the CMPA is a formidable foe, with many advantages in its favour. BILA lawyers, however, are committed to creating a level playing field. We do so through our experience, hard work, and collaboration. We share knowledge, resources, and information. We have strategies and work together to advance the law in the areas where we perceive unfairness to children living with cerebral palsy and other birth trauma-related injuries.
We have dedicated our professional careers to learning the highly specialized law and medicine involved in birth injury cases, and building a network of medical experts prepared to give the type of objective, unbiased opinions necessary to succeed with these cases.