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{{Dial-A-Law TOC|expanded = health}}
{{Dial-A-Law TOC|expanded = health}}
If you have a complaint about your doctor, you have 4 options:
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.


#'''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.
==Understand your legal rights==
#'''Complain to the [http://www.cpsbc.ca/ College of Physicians and Surgeons of BC]'''. Under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96183_01 Health Professions Act]'', the College licenses all BC doctors, enforces standards for the practice of medicine, and handles complaints against doctors. 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.
#'''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==
===Depending on the problem, you have options===
Most doctors will talk with a patient who has a problem with 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 the other 3 options listed above and described next.
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 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 Offense (Script 215)|charging someone with a criminal offence (no. 215)]] explains the process.
#If a doctor has harmed you and you want compensation, you can '''sue the doctor for damages'''. Our information on [[Medical Malpractice (Script 420)|medical malpractice (no. 420)]] describes what’s involved.


==Complain to the College==
===Pursuing multiple options at the same time===
The College reviews complaints against doctors in BC, but not against other healthcare providers, such as nurses and psychologists. There is no deadline to file a complaint, but it’s good to file as soon as you can. You can file most complaints by mail or fax (for sexual misconduct complaints, the next section explains a different process).
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, you ''have'' to sue the doctor. The College cannot get money for you — only a court can do that.  
# Review this script and the College website on [https://www.cpsbc.ca/for-public/file-complaint filing a complaint].
# Complete and submit a [https://www.cpsbc.ca/files/pdf/Complaint-Form.pdf complaint form] on the College website.
# You can also 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.
:* 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:
==Deal with the problem==


::Complaints Department
===Step 1. Talk to the doctor===
::College of Physicians and Surgeons of BC
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. 
::300 – 669 Howe Street
::Vancouver BC V6C 0B4


::Fax: 604.733.3503
===Step 2. Make a complaint about the doctor===
The governing body for doctors in British Columbia, the College of Physicians and Surgeons of BC, looks 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


The College does not accept complaints by email or phone. For more information, call the College at 604.733.7758 in Vancouver and 1.800.461.3008 elsewhere in BC. Or check its [http://www.cpsbc.ca/ website].
====How to make a complaint====
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).  


==Sexual misconduct complaints==
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.
For complaints of sexual misconduct or inappropriate behaviour by a doctor, call the College to speak with an investigator at 604.733.7758 in Vancouver and 1.800.461.3008 elsewhere in BC. The investigator will explain the process and help you file 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.  


==What does the College do when it receives a complaint?==
There is no deadline to make a complaint, but it’s good to make one as soon as you can.
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. The College's Inquiry Committee, made up of doctors and members of the public, assesses every complaint.  


==What the College can do about a complaint==
{| class="wikitable"
College staff investigate most complaints by 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.  
|align="left"|'''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.
|}


The College’s Inquiry Committee can formally reprimand a doctor who has not:
===Step 3. The College investigates the complaint===
* met current standards of care, or
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 and other people, including experts.
* 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.  


If the Inquiry Committee decides that discipline is needed, the doctor can agree to the discipline as part of alternate dispute resolution. Otherwise, the evidence would be tested at a Discipline Committee hearing.  
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.


The College can limit a doctor’s medical practice or prohibit a doctor from practicing medicine if there is significant evidence of a doctor’s lack of judgment, unprofessional behaviour, lack of current skill or knowledge, or impaired fitness to practice.
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 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.
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 (Script 420)|medical malpractice, no. 420]].)


==What the College cannot do about a complaint==
===Step 4. Apply for a review of the decision===  
The College cannot:
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].
* investigate complaints about hospitals or other healthcare providers—see the section below on complaints about the quality of healthcare.
* provide diagnoses or treatment recommendations, or prescribe specific patient care (it can’t write prescriptions or tell doctors what tests to order).  
*recommend any doctors.
* 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'''—the [https://www.cpsbc.ca/for-public/file-complaint College website] explains the role of the College, reasons for complaints, standards and guidelines in several areas, and the complaint process. It also has the complaint form.
==Common questions==


==Applying for a review of a College decision==
===Can I make a complaint on behalf of someone else?===
If you disagree with the College’s decision on your complaint, you can apply to the [http://www.hprb.gov.bc.ca/ 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.
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.


==Suing at the same time as complaining to the College==
===What if my concern is with another type of health care provider?===
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.
The College of Physicians and Surgeons of BC 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 [http://www.bchealthregulators.ca/ BC Health Regulators website] links to the regulatory body for each type of provider.


'''Complaints about the quality of healthcare'''—for problems with the quality of healthcare you received from a health authority, first you can complain to the place that gave you the service, for example, a hospital (which will then follow its own complaints process).
===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 [http://www.patientcarequalityreviewboard.ca/makecomplaint.html Patient Care Quality Office] of the health authority. Each health authority has such an office.  
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 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, 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.
 
==Get 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.
:Toll-free: 1-800-461-3008
:Web: [https://www.cpsbc.ca/for-public/file-complaint cpsbc.ca]


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.




[updated June 2018]
[updated June 2018]


'''The above was last edited by John Blois.'''
'''The above was last reviewed for legal accuracy by Michelle Stimac, College of Physicians and Surgeons of BC.'''


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Revision as of 06:19, 14 February 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.

Understand your legal rights

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. Our information on charging someone with a criminal offence (no. 215) explains the process.
  4. If a doctor has harmed you and you want compensation, you can sue the doctor for damages. Our information on medical malpractice (no. 420) describes what’s involved.

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, you have 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 governing body for doctors in British Columbia, the College of Physicians and Surgeons of BC, looks 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:

  • completing a complaint form available on the College’s website at 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).

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 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, no. 420.)

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 hprb.gov.bc.ca.

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 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 the Patient Care Quality Review Board to review it. Each health authority has such a board. For more information, call 1-866-952-2448.

Get 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.

Toll-free: 1-800-461-3008
Web: cpsbc.ca


[updated June 2018]

The above was last reviewed for legal accuracy by Michelle Stimac, College of Physicians and Surgeons of BC.



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