Anonymous

Difference between revisions of "If You Have a Problem with a Doctor"

From Clicklaw Wikibooks
no edit summary
m (Elena Renderos moved page If You Have a Problem with a Doctor (No. 423) to If You Have a Problem with a Doctor: Removing recording numbers from page names)
 
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = Michelle Stimac, College of Physicians and Surgeons of BC|date= March 2019}} {{Dial-A-Law TOC|expanded = health}}
{{REVIEWEDPLS | reviewer = Michelle Stimac, College of Physicians and Surgeons of BC|date= March 2019}} {{Dial-A-Law TOC|expanded = health}}
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’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.


==Understand your legal rights==
==What you should know==


===Depending on the problem, you have options===
===Depending on the problem, you have options===
If you have concerns about a doctor, your options depend on the nature of the problem:
If you have concerns about a doctor, your options depend on the nature of the problem:
#If your concerns involve communication or the treatment received, '''talk to the doctor''' about the problem to see if you can work it out.
 
#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 your concerns involve communication or the treatment received, '''talk to the doctor''' about the problem to see if you can work it out.
#If you think the doctor has broken a criminal law, you can '''contact the police''' or a lawyer. Our information on [[Charging Someone with a Criminal Offence (No. 215)|charging someone with a criminal offence (no. 215)]] explains the process.
# 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 a doctor has harmed you and you want compensation, you can '''sue the doctor for damages'''. Our information on [[Medical Malpractice (No. 420)|medical malpractice (no. 420)]] describes what’s involved.
# 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]].


===Pursuing multiple options at the same time===
===Pursuing multiple options at the same time===
Line 21: Line 22:
===Step 2. Make a complaint about the doctor===
===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.
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:
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
* inadequate treatment or care of a medical condition
*concerns of an intimate or sexual nature
* inappropriate or unprofessional conduct
* concerns of an intimate or sexual nature


====How to make a complaint====
====How to make a complaint====
You can make a complaint about a doctor by:  
You can make a complaint about a doctor by:
*completing a complaint form available on the College’s website at [https://www.cpsbc.ca/for-public/file-complaint cpsbc.ca], or  
 
*writing a complaint letter describing what happened (see the College’s website for details of what information must be in the letter).  
* [https://www.cpsbc.ca/files/pdf/Complaint-Form.pdf completing a complaint form] (PDF), or
* 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]).


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.
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].


There is no deadline to make a complaint, but it’s good to make one as soon as you can.
There is no deadline to make a complaint, but it’s good to make one as soon as you can.
Line 44: Line 47:
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.
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):  
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.  
* 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.


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 (No. 420)|medical malpractice, no. 420]].)
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; [[Medical Malpractice|see our information on medical malpractice]].)


===Step 4. Apply for a review of the decision===  
===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 [http://www.hprb.gov.bc.ca/ hprb.gov.bc.ca].
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].


==Common questions==
==Common questions==
Line 63: Line 67:


===What if my concern is with another type of health care provider?===
===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 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].
The [http://www.bchealthregulators.ca/ BC Health Regulators website] links to the regulatory body for each type of provider.


===How do I complain about a hospital or health authority?===
===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 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 [http://www.patientcarequalityreviewboard.ca/makecomplaint.html Patient Care Quality Office] of the health authority. Each health authority in British Columbia has such an office.
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, you can ask the [http://www.patientcarequalityreviewboard.ca/ Patient Care Quality Review Board] to review it. Each health authority has such a board. For more information, call 1-866-952-2448.
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.


==Get help==
==Who can help==


===With more information===  
===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.
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.
:Toll-free: 1-800-461-3008
 
:Web: [https://www.cpsbc.ca/for-public/file-complaint cpsbc.ca]  
* 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_Navbox|type=life}}


{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
2,553

edits