That all being said, litigation between Canada and the United States is different, but this is my understanding.
In the US, you can sue anyone anytime, and lawyers will take your case on contingency basis. If they win a settlement, they get 1/3rd. The defendant has to pay for his own lawyer, which is expensive.
In Canada, this is my understanding, if you sue some one and lose, you have to pay their legal fees. Am I right on this ?
Jim
I am not absolutely sure, but I think the judge can say that you have to pay their fees, but they won't always.
What is different is the way malpractice insurance is set up. Almost all doctors here buy it from a doctor run and owned co-op. They decided early on that they would not settle cases just to avoid paying court costs - they would fight for the member unless there was a real reason not to, even if it meant paying out more.
In the US it is different - often in such cases they settle, even when the case is not good, because they will still save money on court costs.
What this means is that in the US, a lawyer can make a good bet on winning such cases and getting paid. So many will take take cases on the agreement that they will get a percentage of whatever monies are awarded. The person bringing the case does not have to pay up front.
This is less likely in Canada unless the case is very strong. So people think very seriously about it before suing.
Also in the US, people are paying through the nose for medical care. That makes them more likely to sue as well I think - they see it as a faulty product. Whereas in Canada we tend to see it as a different sort of error. And we also don't have to pay to get the error fixed.
All that being said - what is similar here, though perhaps not quite as extreme, is the attitude to maternity care. For one thing, it is largely controlled by obstetricians, who are not the best people to control it - they are essentially specialists in the things that can go wrong in pregnancy and birth. (In Canada we are more likely to have GPs, but we also are behind on using midwives.)
That is to say - in North America we tend to see birth as abnormal, and try to fit it into a very narrow set of "normal" perameters. And we intervene aggressively with drugs and procedures when it doesn't. The problem is labour is highly variable and interfering in it tends to lead to other problems. And many many of our common labour room practices are actually totally counter-productive. Delivering on the back is a good example - it is about the most inefficient way to do it, only really good for the doctor. Most of Europe encourages other positions - it is only here that they carry on with women pushing babies out against gravity as the norm.
The other thing is, good labour practice is about a lot of waiting around, helping the mother move around a lot, keeping her company, to stay as calm as possible and comfortable and energized, and then more waiting around.
Obstetricians are surgeons, and waiting around isn't really what they are good at or trained for.