Principles of assistance

CMPA assistance with general contracts

Originally published September 2007 / Reviewed June 2012

The following outlines the CMPA's principles of assistance concerning reviews of contracts that govern the provision of medical services and disputes that may arise from such contracts.

Contractual disputes

The CMPA will generally assist members in contractual disputes where a member's professional medical work is called into question, or the ability to practise medicine is jeopardized, or both. In these general contractual disputes, the CMPA's assistance will be limited only to aspects of the contract that concern medical care.

In general contractual disputes where members' medical work is not called into question and the ability to practise medicine is not jeopardized, members will not generally be eligible for assistance from the CMPA. In these situations members may require legal assistance from their personal or business lawyer.

Review of contracts

The CMPA will not generally provide legal assistance to members who are reviewing or considering entering into a contract. However, members may want to consult the CMPA document Medical-legal issues to consider with individual contracts when reviewing a contract with their personal or business lawyer. When appropriate, members may also be advised to contact their local medical organization, association, or federation for assistance with prospective contract reviews.

Review of group contracts

Members who are considering signing a group contract are advised to contact their personal or business legal counsel and to consult the CMPA document Medical-legal issues to consider with individual contracts. In unique circumstances, where the issues in the contract have the potential to affect multiple CMPA members, the CMPA may agree to review aspects of a group contract and to provide advice on medical liability concerns.

 


DISCLAIMER: The information contained in this learning material is for general educational purposes only and is not intended to provide specific professional medical or legal advice, nor to constitute a "standard of care" for Canadian healthcare professionals. The use of CMPA learning resources is subject to the foregoing as well as the CMPA's Terms of Use.