Limitations of membership
Claims under US and Canadian law
It is highly unlikely that a patient would be allowed to initiate proceedings in Canada or the USA for harm incurred in another country
MPS does not provide indemnity to health professionals working in the USA and Canada, other than for Good Samaritan acts.
Typically, legal proceedings are started in the country where the alleged negligence occurred, which is usually in the country in which the patient was treated. It is highly unlikely that a patient would be allowed to initiate proceedings in Canada or the USA for harm incurred in another country.
In more than 100 years, MPS has never dealt with a case where the US or Canadian courts have successfully imposed judgment on a member practising in another country. Although courts in the USA or Canada are reluctant to claim jurisdiction over acts committed in other countries, it is a theoretical possibility.
If a court in one of those territories did try to impose its judgment on an MPS member in a country outside its jurisdiction, MPS would ordinarily support that member in strongly opposing such an attempt.
Accordingly, members are advised that they may provide professional services to all patients in the country in which they are registered to practise, safe in the knowledge that they can apply for assistance should legal proceedings ensue in the country in which they provided such care.