How Do You File A Complaint Against A Doctor?
Tuesday January 30, 2007
Botched operations.
Bad treatment.
Medical mistakes that have changed your life or that of a family member, possibly forever.
On CityNews at Six, Merella Fernandez will tell you about a lawsuit launched by several women against a cosmetic surgeon who they allege botched the operations he performed on them.
Until then, here’s a look at how you can file a formal complaint against a doctor you believe hasn’t treated you properly.
The vast majority of physicians are well qualified and err on the side of caution. But occasionally a disagreement between a doctor and a patient will wind up before the College of Physicians and Surgeons of Ontario.
The body governs all medicos in the province, sets standards for their practice and hears and judges complaints against them. How can you get a formal hearing before them is you feel a doctor has done you wrong? Here’s a look:
The complaint itself
They need it in either in writing or on what the College describes as “some other permanent form” like a tape, a film or DVD or CD. You can email them but they won’t respond that way. To preserve absolute confidentiality, all replies are sent by snail mail directly to your home address.
You’ll also be required to waive that confidentiality to let those looking into your case gain access to the necessary medical information from the doctor or other health care professionals that are relevant to your problem.
What happens next?
An investigator contacts you to ask more questions. He or she then lets the doctor know a complaint has been filed. Your physician gets a copy of the gripe and the reasons you filed it.
If things can’t be resolved amicably, the doctor gets the right to respond.
Both of you will then be informed of a hearing date before a complaints committee made up of six doctors and three members of the public. But neither of you will be there – the committee only reviews the documentation.
They can then rule:
a) the physician’s conduct or the care provided was appropriate;
b) remind, counsel or caution the physician in writing if the Committee believes the physician would benefit from some advice or direction as to how to conduct him or herself in the future;
c) require the physician to appear before a panel of the Committee in Toronto to be cautioned and have changes suggested;
d) direct the physician to the Quality Assurance Committee where he or she may be assessed and/or required to participate in educational programs;
e) refer the physician to the College’s Executive Committee if there are concerns about the physician’s health that affect her or his ability to practice;
f) refer the concerns about the physician to the Discipline Committee; or
g) decide not to investigate because the complaint is frivolous, made in bad faith or is an abuse of process.
They’ll tell you what they’ve decided within about two months of their hearing. Unless the process involves moving the complaint up to a higher board and affects the doctor’s ability to practice, you’ll be able to appeal it.
How to file a complaint
There are several ways to contact the College
Phone: (416) 967-2615 or 1-800-268-7096 ext. 615.
E-mail: mailto:investigations&[email protected]
Snail Mail:
The Registrar
c/o Investigations and Resolutions Department
The College of Physicians and Surgeons of Ontario
80 College Street
Toronto, Ontario, M5G 2E2
Fax: (416) 961-3330
c/o Investigations and Resolutions Department
To get a form online click here.
http://www.cpso.on.ca/Info_Public/compform.htm
Source: OCPSO
http://www.citynews.ca/news/news_7352.aspx
