If You Have a Problem with a Doctor

If you have a complaint about your doctor, you have 4 options:

1. 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.
2. 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.
3. Consult a lawyer or the police if you think the doctor has broken a criminal law.
4. 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

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.

Complain to the College

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):

1. Review this script and the College website material on filing a complaint at www.cpsbc.ca. Click on “For the Public”—“File a Complaint”.
2. Complete and submit a complaint form on the College website. Under “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.
3. 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:

Complaints Department

College of Physicians and Surgeons of BC

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 www.cpsbc.ca.

Sexual misconduct complaints

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.

What does the College do when it receives 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.

What the College can do about a complaint

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.

The College can issue a formal reprimand to a doctor who has not:

• met current standards of care, or
• followed the ethical principles in the 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.

What the College cannot do about a complaint

The College cannot:

• 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.
• 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 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 (www.cpsbc.ca) under “For the Public”—“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.

Applying for a review of a College decision

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 www.hprb.gov.bc.ca.

Suing at the same time as complaining to the College

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 420, called “Medical Malpractice” explains how to sue for medical malpractice.

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).

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 www.patientcarequalityreviewboard.ca/makecomplaint.html.

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 www.patientcarequalityreviewboard.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 April 2014]

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The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as the judge's findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusion of law," "finding of fact" and "final judgment."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."