Doctors group will pay unlimited funds to fight sex abuse claims

The organization that defends New Brunswick doctors against claims of wrongdoing says it will spend unlimited funds to fight sexual abuse allegations made against physicians.

But the Canadian Medical Protective Association (CMPA) has a firm policy not to compensate victims if the allegations are proven to be true.

"If there is reason to believe an accusation may be unfounded a vigorous defence will be mounted," said Dr. John Gray, the former head of the CMPA at a trial in Saint John Wednesday.

"The CMPA will not enter into settlements for sexual impropriety matters — period."

The CMPA is being sued in Saint John for not paying compensation to Shirley Shannon, a woman sexually abused and threatened by New Brunswick psychiatrist Dr. Kwabena Agyei Akuffo-Akoto in the 1990s. 

Akoto was a member of the CMPA at the time of the abuse, but fled to Britain shortly after allegations surfaced against him.

Shannon and her husband obtained a judgement against Akoto in 2004 for nearly $600,000 in damages and court costs. Because all New Brunswick doctors are required to carry professional liability insurance or something "to similar effect" in order to practise, the Shannons sought payment from Akoto's liability coverage.

In New Brunswick, virtually all doctors meet their liability coverage requirement by joining the CMPA even though it describes itself as a legal defence organization — not an insurance company — and does not offer blanket liability protection.

On Wednesday, Gray said the CMPA makes its own decisions about what kind of physician misconduct it will compensate patients for and sexual assault is not included.

"The assistance comes to an end and the member is responsible for paying damages should there be a finding of sexual impropriety," said Gray.

That echoed the claim of Ken McCullogh, a CMPA lawyer, who said on Monday the organization pays compensation only for negligent medical care.

"Is rape a form of medical care?" he asked rhetorically.  

"Is forced oral sex a form of medical care?"

Eugene Mockler, a lawyer who represents the Shannons, says the CMPA's approach does not fulfil the requirements of New Brunswick legislation. 

He says the requirement every physician carry liability insurance is meant to protect patients from any harm they might suffer at the hands of a doctor, not just injuries the CMPA chooses. 

Gray said Akoto fled Canada too quickly to face legal proceedings but acknowledged the CMPA likely would have paid for his defence had he stayed.

He said the CMPA has a "no-limit" policy on financing legal fights with patients when doctors face unproven accusations.