If You Have a Problem with a Doctor: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
No edit summary
 
(23 intermediate revisions by 6 users not shown)
Line 1: Line 1:
{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = Michelle Stimac, College of Physicians and Surgeons of BC|date= March 2019}} {{Dial-A-Law TOC|expanded = health}}
{{Dial-A-Law Blurb}}
If you’re concerned with the treatment provided by a doctor or about a doctor’s conduct, there are steps you can take. Learn how to make a complaint about a doctor.


If you have a complaint about your doctor, you have 4 options:
==What you should know==


#'''Talk to the doctor''' about the problem to see if you can work it out. If talking doesn’t work, or if the problem is too serious, consider the next 3 options.
===Depending on the problem, you have options===
#'''Complain to the College''' of Physicians and Surgeons of BC. Under the ''Health Professions Act'', the College licenses all BC doctors, enforces standards for them, and handles complaints against them. Even if you complain to the College, you can still take the other actions described in items 3 and 4 below. In fact, if a doctor has harmed you and you want compensation, you have to sue (item 4) because the College cannot get money for you—only a court can do that.
If you have concerns about a doctor, your options depend on the nature of the problem:
#'''Consult a lawyer or the police''' if you think the doctor has broken a criminal law.
#'''Sue for medical malpractice'''—see a lawyer for advice about suing the doctor for damages—check script [[Medical Malpractice (Script 420)|420]], called “Medical Malpractice”.


==Talk to the doctor==
# If your concerns involve communication or the treatment received, '''talk to the doctor''' about the problem to see if you can work it out.
Most doctors will talk with a patient who has a problem about them. If you have a problem with your doctor that involves communication, conduct, or the treatment you received, discuss it first with your doctor. If you have a complaint about a doctor while you’re in the hospital, you can also go to the head of the division or the hospital’s medical director, who will follow the hospital’s complaints process. If talking doesn’t work, you have to consider the other 3 options listed above.
# If you are concerned with the doctor’s conduct or the treatment received, you can '''make a complaint''' to the College of Physicians and Surgeons of BC, the body that licenses doctors in British Columbia. We explain the steps involved shortly.
# If you think the doctor has broken a criminal law, you can '''contact the police''' or a lawyer. We explain the process to [[Charging Someone with a Criminal Offence|charge someone with a criminal offence]].
# If a doctor has harmed you and you want compensation, you can '''sue the doctor for damages'''. We describe what's involved in [[Medical Malpractice|bringing a medical malpractice claim]].


==Complain to the College==
===Pursuing multiple options at the same time===
There is no deadline to file a complaint, but it’s good to file as soon as you can. You can file most complaints in 2 ways (a different process for sexual misconduct complaints is explained in the next section):
If you make a complaint about a doctor to the College of Physicians and Surgeons, you can also contact the police or sue the doctor for damages at the same time. In fact, if a doctor has harmed you and you want compensation, your option is to sue the doctor. The College cannot get money for you — only a court can do that.
#Review this script and the College website material on filing a complaint at [http://www.cpsbc.ca www.cpsbc.ca]. Click on “[https://www.cpsbc.ca/for-public For the Public]”—“[https://www.cpsbc.ca/for-public/file-complaint File a Complaint]”.
#Complete and submit a [https://www.cpsbc.ca/files/pdf/Complaint-Form.pdf  complaint form] on the College website. Under “[https://www.cpsbc.ca/for-public/file-complaint File a Complaint]”, click on “[ General Process]” and then on “Complaint Form”. Mail or fax it to the College. The College does not accept complaints by email or phone.
#Send a complaint letter to the College with the following information:


:*your name, date of birth, address, and phone number so that the College can contact you.
==Deal with the problem==
:*the name and address of your doctor.
:*the facts of what happened to you.
:*your permission to send a copy of your complaint to the doctor for their response.


::Mail or fax your complaint form or letter to:
===Step 1. Talk to the doctor===
Most doctors are willing to address a patient’s concerns directly. If you have a concern about a doctor that involves communication, conduct, or the treatment received, feel free to openly discuss it first with the doctor. If your concern involves a doctor in a hospital setting, you can also raise your concerns with their department head or the hospital’s medical director. 


::Complaints Department
===Step 2. Make a complaint about the doctor===
::College of Physicians and Surgeons of BC
The regulatory body for doctors in British Columbia, the College of Physicians and Surgeons of BC, works to ensure that patients receive quality medical care and are safe and protected when treated by doctors.
::300 – 669 Howe Street
::Vancouver BC V6C 0B4
::Fax: 604.733.3503.


For more information, call the College at 604.733.7758 in Vancouver and 1.800.461.3008 elsewhere in BC. Or check its website at [http://www.cpsbc.ca www.cpsbc.ca].
A patient or member of the public may file a complaint with the College about a doctor for:


==Sexual misconduct complaints==
* inadequate treatment or care of a medical condition
For complaints of sexual misconduct or inappropriate behaviour by a doctor, you can call the College to speak with an investigator. Its numbers are 604.733.7758 in Vancouver or 1.800.461.3008 elsewhere in BC. The investigator will explain the process and help you with it. You can discuss your concerns, including whether to proceed. But if you choose not to proceed, the College may not be able to take action against the doctor.
* inappropriate or unprofessional conduct
* concerns of an intimate or sexual nature


==What does the College do when it receives a complaint?==
====How to make a complaint====
The College investigates every complaint it receives. It may get more information from the person making the complaint and other people, including experts. It may also get relevant medical records. The College will also ask the doctor to respond to the complaint. Its Inquiry Committee assesses every complaint.
You can make a complaint about a doctor by:


==What the College can do about a complaint==
* [https://www.cpsbc.ca/files/pdf/Complaint-Form.pdf completing a complaint form] (PDF), or
College staff resolve most complaints after reviewing the patient’s medical records and getting responses from the doctor and any other healthcare providers involved. The College may suggest a doctor change parts of their practice and take training and education in a specific area.
* writing a complaint letter describing what happened (the College explains [https://www.cpsbc.ca/for-public/file-complaint what information must be in the letter]).


The College can issue a formal reprimand to a doctor who has not:
Send the complaint form or letter to the College by mail or fax. For contact details or more information, call toll-free 1-800-461-3008 or [https://www.cpsbc.ca/ visit the College’s website].
*met current standards of care, or
*followed the ethical principles in the [http://policybase.cma.ca/dbtw-wpd/PolicyPDF/PD04-06.pdf Canadian Medical Association’s Code of Ethics], or
*followed any of the College’s bylaws or standards.


The College can limit a doctor’s medical practice. It can also prohibit a doctor from practicing medicine. But the College would take these actions only if it found (during a formal disciplinary process) significant evidence of a doctor’s lack of judgment, unprofessional behaviour, lack of current skill or knowledge, or impaired fitness to practice. The evidence would be tested at a Discipline Committee Hearing—unless the doctor agreed to the discipline as part of alternate dispute resolution.
There is no deadline to make a complaint, but it’s good to make one as soon as you can.


==What the College cannot do about a complaint==
{| class="wikitable"
The College cannot:
|align="left"|'''Tip'''
*investigate complaints about hospitals or other healthcare providers—see the section below on complaints about the quality of healthcare.
For complaints of sexual misconduct or inappropriate behaviour by a doctor, you can call the College to speak with an investigator (toll-free at 1-800-461-3008). The investigator will explain the process and help you make a written complaint. You can discuss your concerns, and decide whether to proceed. If you don’t proceed, the College may not be able to investigate or take action against the doctor.
*provide diagnoses or treatment recommendations, or prescribe specific patient care.
|}
*pay any money or order a doctor to pay any money to complainants. If you want compensation from a doctor, see a lawyer about suing for damages. And check script [[Medical Malpractice (Script 420)|420]], called “Medical Malpractice”.
*contact the police for a complainant if illegal activities are involved—unless the complainant consents to this.
*decide on a complaint without first giving the doctor a chance to respond.


College website information—check the College website ([http://www.cpsbc.ca www.cpsbc.ca]) under “[http://https://www.cpsbc.ca/for-public For the Public]”—“[http://https://www.cpsbc.ca/for-public/file-complaint File a Complaint]”. It explains the role of the College, reasons for complaints, standards and guidelines in several specific areas, and the complaint process. It also has the complaint form.
===Step 3. The College investigates the complaint===
The College of Physicians and Surgeons investigates every complaint it receives. It typically reviews the patient’s medical records, and asks the doctor and any other health care providers involved to respond to the complaint. It may get more information from the person making the complaint (called the “complainant”) and other people, including experts.


==Applying for a review of a College decision==
A committee of the College, made up of doctors and members of the public, assesses every complaint. The committee provides a written decision on the complaint. They may (among other things):
If you disagree with the College’s decision on your complaint, you can apply to the Health Professions Review Board to review the decision. You have to deliver your application to the Board within 30 days of when you receive the College’s decision letter. If you apply after 30 days, then you must also apply for an extension to file your application, explaining why you missed the deadline. The Review Board is at 250.953.4956 and toll-free elsewhere in BC at 1.888.953.4986. Its website is [http://www.hprb.gov.bc.ca www.hprb.gov.bc.ca].


==Suing at the same time as complaining to the College==
* suggest ways the doctor can improve their conduct or practice, including by requiring them to take courses,
If a doctor has harmed you and you want compensation, you have to sue the doctor for medical malpractice because the College cannot get money for you—only a court can do that. You can sue at the same time as you complain to the College. Script [[Medical Malpractice (Script 420)|420]], called “Medical Malpractice” explains how to sue for medical malpractice.
* warn the doctor about their conduct,
* order a review of the doctor’s practice, or
* issue a '''citation''' for a disciplinary hearing.


'''Complaints about the quality of healthcare'''—for problems with the quality of healthcare you received from a health authority, it’s best to first complain to the place that gave you the service, for example, a hospital (which will then follow its own complaints process).
A '''disciplinary hearing''' is a formal process with lawyers for the College, lawyers for the doctor, and evidence provided by witnesses under oath. After the evidence is presented, a committee of the College makes a decision about the doctor’s conduct. If they penalize the doctor, they can issue a reprimand or a fine, limit the doctor’s practice, suspend the doctor, or prohibit the doctor from practising medicine.


If that does not solve the problem, you can file a complaint with the Patient Care Quality Office of the health authority. Each health authority has such an office, listed at [http://www.patientcarequalityreviewboard.ca/makecomplaint.html www.patientcarequalityreviewboard.ca/makecomplaint.html].
The College cannot pay any money to the complainant or order a doctor to pay any money to the complainant. (If you want compensation from a doctor, you can sue for damages; [[Medical Malpractice|see our information on medical malpractice]].)


If you disagree with the decision by that office, you can ask the Patient Care Quality Review Board to review it. For more information, call 1.866.952.2448 or see [http://www.patientcarequalityreviewboard.ca www.patientcarequalityreviewboard.ca].
===Step 4. Apply for a review of the decision===
If you disagree with the College’s decision on your complaint, you can '''apply for a review''' of the decision. You apply to the Health Professions Review Board. You have to deliver your application to the Board '''within 30 days''' of when you receive the College’s decision letter. If you apply after 30 days, you must also apply for an extension to file your application, explaining why you missed the deadline. You can contact the Review Board by calling toll-free 1-888-953-4986 or [http://www.hprb.gov.bc.ca/ visiting their website].


For complaints about other healthcare providers, contact the regulatory body for that profession. For example, the College of Registered Nurses of BC licenses nurses. The Emergency Medical Assistant Licensing Board licenses paramedics.
==Common questions==


===Can I make a complaint on behalf of someone else?===
Yes. The College of Physicians and Surgeons prefers a complaint to come from the patient or someone directly involved with the patient’s concern. But a complaint can also be made by a “representative” of the patient. There is a form that must be submitted with the complaint, authorizing the representative. The patient or their legal representative (for example, a parent or an executor named in a will) must sign the authorization form.


[updated April 2014]
===What if my concern is with another type of health care provider?===
The College of Physicians and Surgeons of BC only reviews complaints about doctors in BC. There are more than 20 regulated health care professions in BC. For complaints about other health care providers, contact the regulatory body for that profession. Registered nurses, psychologists, chiropractors, therapists and other health care professions each have their own process for receiving complaints if standards are not met. The BC Health Regulators website [http://www.bchealthregulators.ca/ links to the regulatory body for each type of provider].


===How do I complain about a hospital or health authority?===
If your concern relates to medical care received at a hospital or from a health authority, first you can complain to the place that provided the care — for example, the hospital. That body will then follow its own complaints process.


----
If that does not solve the problem, [http://www.patientcarequalityreviewboard.ca/makecomplaint.html you can file a complaint] with the Patient Care Quality Office of the health authority. Each health authority in British Columbia has such an office.
----


If you disagree with the decision by that office, [https://www.patientcarequalityreviewboard.ca/ you can ask for a review] to be conducted by the Patient Care Quality Review Board. Each health authority has such a board. For more information, call 1-866-952-2448.
==Who can help==
===With more information===
The '''College of Physicians and Surgeons of BC''' website explains the process to make a complaint about a doctor, and has a complaint form you can download.
* Call 1-800-461-3008 (toll-free)
* [https://www.cpsbc.ca/for-public/file-complaint Visit website]
{{Dial-A-Law_Navbox|type=life}}


{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}

Latest revision as of 16:08, 30 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Michelle Stimac, College of Physicians and Surgeons of BC in March 2019.

If you’re concerned with the treatment provided by a doctor or about a doctor’s conduct, there are steps you can take. Learn how to make a complaint about a doctor.

What you should know

Depending on the problem, you have options

If you have concerns about a doctor, your options depend on the nature of the problem:

  1. If your concerns involve communication or the treatment received, talk to the doctor about the problem to see if you can work it out.
  2. If you are concerned with the doctor’s conduct or the treatment received, you can make a complaint to the College of Physicians and Surgeons of BC, the body that licenses doctors in British Columbia. We explain the steps involved shortly.
  3. If you think the doctor has broken a criminal law, you can contact the police or a lawyer. We explain the process to charge someone with a criminal offence.
  4. If a doctor has harmed you and you want compensation, you can sue the doctor for damages. We describe what's involved in bringing a medical malpractice claim.

Pursuing multiple options at the same time

If you make a complaint about a doctor to the College of Physicians and Surgeons, you can also contact the police or sue the doctor for damages at the same time. In fact, if a doctor has harmed you and you want compensation, your option is to sue the doctor. The College cannot get money for you — only a court can do that.

Deal with the problem

Step 1. Talk to the doctor

Most doctors are willing to address a patient’s concerns directly. If you have a concern about a doctor that involves communication, conduct, or the treatment received, feel free to openly discuss it first with the doctor. If your concern involves a doctor in a hospital setting, you can also raise your concerns with their department head or the hospital’s medical director.

Step 2. Make a complaint about the doctor

The regulatory body for doctors in British Columbia, the College of Physicians and Surgeons of BC, works to ensure that patients receive quality medical care and are safe and protected when treated by doctors.

A patient or member of the public may file a complaint with the College about a doctor for:

  • inadequate treatment or care of a medical condition
  • inappropriate or unprofessional conduct
  • concerns of an intimate or sexual nature

How to make a complaint

You can make a complaint about a doctor by:

Send the complaint form or letter to the College by mail or fax. For contact details or more information, call toll-free 1-800-461-3008 or visit the College’s website.

There is no deadline to make a complaint, but it’s good to make one as soon as you can.

Tip

For complaints of sexual misconduct or inappropriate behaviour by a doctor, you can call the College to speak with an investigator (toll-free at 1-800-461-3008). The investigator will explain the process and help you make a written complaint. You can discuss your concerns, and decide whether to proceed. If you don’t proceed, the College may not be able to investigate or take action against the doctor.

Step 3. The College investigates the complaint

The College of Physicians and Surgeons investigates every complaint it receives. It typically reviews the patient’s medical records, and asks the doctor and any other health care providers involved to respond to the complaint. It may get more information from the person making the complaint (called the “complainant”) and other people, including experts.

A committee of the College, made up of doctors and members of the public, assesses every complaint. The committee provides a written decision on the complaint. They may (among other things):

  • suggest ways the doctor can improve their conduct or practice, including by requiring them to take courses,
  • warn the doctor about their conduct,
  • order a review of the doctor’s practice, or
  • issue a citation for a disciplinary hearing.

A disciplinary hearing is a formal process with lawyers for the College, lawyers for the doctor, and evidence provided by witnesses under oath. After the evidence is presented, a committee of the College makes a decision about the doctor’s conduct. If they penalize the doctor, they can issue a reprimand or a fine, limit the doctor’s practice, suspend the doctor, or prohibit the doctor from practising medicine.

The College cannot pay any money to the complainant or order a doctor to pay any money to the complainant. (If you want compensation from a doctor, you can sue for damages; see our information on medical malpractice.)

Step 4. Apply for a review of the decision

If you disagree with the College’s decision on your complaint, you can apply for a review of the decision. You apply to the Health Professions Review Board. You have to deliver your application to the Board within 30 days of when you receive the College’s decision letter. If you apply after 30 days, you must also apply for an extension to file your application, explaining why you missed the deadline. You can contact the Review Board by calling toll-free 1-888-953-4986 or visiting their website.

Common questions

Can I make a complaint on behalf of someone else?

Yes. The College of Physicians and Surgeons prefers a complaint to come from the patient or someone directly involved with the patient’s concern. But a complaint can also be made by a “representative” of the patient. There is a form that must be submitted with the complaint, authorizing the representative. The patient or their legal representative (for example, a parent or an executor named in a will) must sign the authorization form.

What if my concern is with another type of health care provider?

The College of Physicians and Surgeons of BC only reviews complaints about doctors in BC. There are more than 20 regulated health care professions in BC. For complaints about other health care providers, contact the regulatory body for that profession. Registered nurses, psychologists, chiropractors, therapists and other health care professions each have their own process for receiving complaints if standards are not met. The BC Health Regulators website links to the regulatory body for each type of provider.

How do I complain about a hospital or health authority?

If your concern relates to medical care received at a hospital or from a health authority, first you can complain to the place that provided the care — for example, the hospital. That body will then follow its own complaints process.

If that does not solve the problem, you can file a complaint with the Patient Care Quality Office of the health authority. Each health authority in British Columbia has such an office.

If you disagree with the decision by that office, you can ask for a review to be conducted by the Patient Care Quality Review Board. Each health authority has such a board. For more information, call 1-866-952-2448.

Who can help

With more information

The College of Physicians and Surgeons of BC website explains the process to make a complaint about a doctor, and has a complaint form you can download.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.