Here is something interesting, found thanks to Kevin MD and the Point of Law blogs: “Canada’s legal culture will prevent “excesses” of U.S. legal system.” The three reasons that I found most compelling were these:

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  • Canadian judges are appointed, not elected, and therefore Canadian courts are somewhat insulated from pressure to make decisions that will appeal to the electorate (i.e. policyholders).
  • The outside limit for punitive damages against an insurer in Canada is thus far about Cdn$1 million. To approach this kind of award, the defendant’s conduct would have to be demonstrably “vindictive,” “reprehensible,” and “malicious.”
  • There is more of an emphasis on bench trials in Canada, as opposed to jury trials in the United States.

The first item is interesting, but I don’t know enough about the legal system to comment. The second is easy to understand because it basically says that Canada has capped medmal awards. The third reminds me of the proposal for “Health Courts.” It seems to me that, when Doctors are found liable, we would all be much better off with an explanation for the decision that was written in a way to provide precedent and, thus, guidance.