Filing a complaint against a hospital in Quebec often raises complex issues. When a person feels that their rights have not been respected or that the care they received has caused harm, legal recourse is available. The complaint review system aims to protect users and improve the quality of health and social services.
What are the options for filing a complaint against a hospital or healthcare professional?
There are several mechanisms for filing a complaint. Users can file a complaint with a complaints commissioner, request an examination by a medical examiner, or refer the matter to the Protecteur du Citoyen as a second recourse. Depending on the nature of the situation, a professional order such as the College of Physicians may also intervene.
Understanding the complaint review system
The Quebec healthcare system has a specific mechanism for anyone who is dissatisfied with the care or services they have received. This complaint review system applies to both healthcare institutions and other healthcare professionals affiliated with the healthcare network. It covers care and services provided by hospitals, as well as social services integrated into CIUSSS and CISSS.
When you want to file a complaint, the first level is always internal to the healthcare institution concerned. Each institution has a local commissioner for complaints and service quality. The commissioner receives, analyzes, and reviews complaints about the care and services provided. Their role is to assess whether users’ rights have been respected and, if not, to recommend corrective measures.
The complaint review system is not only intended to address serious medical errors. It can also address services you have received that do not comply with the Health and Social Services Act. It is useful in cases of misdiagnosis, negligence, or other dissatisfaction.
1. File a complaint against a hospital with the local complaints commissioner
If you wish to file a complaint against a hospital, you must first contact the local complaints commissioner. The commissioner reviews complaints within the network and is responsible for verifying the quality of services at the facility where the events occurred.
You can file a complaint in writing, by phone, or online. After receiving your complaint, the commissioner will review the facts. Processing times vary, but you should receive a written response explaining the findings and recommendations.
If you are dissatisfied with the health services covered by your complaint or if you are not satisfied with the response you receive, you can also file a second recourse.
2. Intervention by a medical examiner
Some complaints are directed at a specific healthcare professional (complaints against a specific dentist, doctor, gynecologist, etc.). In these cases, a medical examiner will intervene. Their mandate is to determine whether the practice of the doctor against whom your complaint is directed complies with the standards of the medical association and the code of ethics. The review of complaints covers both professional conduct and medical decisions.
If your complaint concerns other healthcare professionals, it may be transferred to the relevant professional association. Each professional association has the power to review complaints about the conduct of its members and to impose sanctions.
3. File a complaint against a hospital with the Protecteur du Citoyen
If you are not satisfied with the complaints commissioner’s decision, you can file a second complaint with the Protecteur du Citoyen. This recourse is available to users who feel that their complaint has not been handled properly or that the quality of services has not been restored.
The Protecteur du Citoyen reviews complaints about health care and services. They can make recommendations to health and social services institutions to improve the quality of services. The Protecteur du Citoyen cannot award financial compensation, but their intervention may lead the hospital to change its practices.
4. Filing a complaint against a doctor with the medical association
If you wish to file a complaint against a doctor, there are several options available to you. You can file your complaint with the institution’s complaints commissioner, or you can file a complaint directly with the medical association. The association will assess whether the doctor’s conduct complies with their professional and ethical obligations.
A complaint to a medical examiner or professional association may lead to disciplinary action. However, if you are seeking financial compensation for damages suffered, you should consider civil liability proceedings. In this case, only legal action will allow you to seek compensation.
What are the deadlines for filing a complaint against a hospital?
Before filing a complaint, it is important to keep in mind the deadlines set out in the law. The complaint review system does not set a strict deadline for filing a complaint with the complaints commissioner, but it is recommended that you do so as soon as possible after the events. Secondary appeals must be filed within 60 days of the commissioner’s decision.
In legal terms, the statute of limitations for medical liability claims is generally three years from the time the victim discovers the injury and its cause. These deadlines may influence the strategy you adopt.
When should you consult a lawyer specializing in medical malpractice?
Before filing a complaint, patients often wonder whether their action will have any real impact. The complaint review system is primarily intended to improve the quality of services and correct shortcomings. But when a patient has suffered serious harm, such as permanent disability, loss of working capacity, or even the death of a loved one, an administrative complaint is not enough.
A lawyer specializing in medical liability can then intervene. They analyze whether the care and services provided by the institution or healthcare professional constitute negligence. If so, they can take legal action to obtain compensation.
Unlike the complaints commissioner or Protecteur di Citoyen, legal action allows you to claim financial compensation for the damages suffered.
Assistance and support with complaints
The system also provides resources to help users file complaints. Assistance and support with complaints are offered free of charge by independent organizations. These services help patients draft their complaint to the commissioner, understand the response they receive, and decide whether they want to pursue further action.
These organizations do not replace a lawyer, but they do facilitate the process. When the complaint concerns a serious medical error, it is still strongly recommended that you consult a specialized lawyer.
Steps to remember when filing a complaint against a hospital
- Before filing a complaint, identify the care or services involved and the healthcare facility concerned.
- File a complaint with the local complaints and service quality commissioner at the facility where the events took place.
- If the complaint concerns a physician, a medical examiner or the college of physicians may intervene.
- If you are dissatisfied, file a complaint with the Protecteur du Citoyen.
- If the complaint concerns a professional regulated by a professional order, a parallel complaint may be filed with that order.
- In the event of bodily injury, consult a specialized lawyer to consider legal action.
- To obtain compensation, consult a medical liability lawyer.
Each step is designed to examine complaints about the quality of health services and users’ rights. However, only legal action can provide full redress.
Call on a specialized lawyer to defend your rights
Filing a complaint against a hospital requires a good understanding of the complaint review system and the available remedies. Whether you file your complaint with a complaints commissioner, a professional order, or the Protecteur du Citoyen, the process remains administrative. When there is serious harm related to the care and services received, legal action becomes unavoidable.
Medlégal supports patients and their loved ones in these proceedings. If you believe that your rights have been violated or that you have suffered harm as a result of care received in a healthcare facility, contact a lawyer specializing in medical liability. Legal support can help you obtain not only recognition, but also appropriate compensation.
FAQ
Who can file a complaint about services received in a hospital?
Anyone receiving care or services, or a relative, can file a complaint against a healthcare facility or healthcare professional.
How long do I have to file a complaint?
The law does not set a strict deadline for filing a complaint with the complaints commissioner, but it is best to do so as soon as possible after the events. For legal recourse, the statute of limitations must be respected.
What if the complaint concerns several healthcare professionals?
If the complaint concerns different parties, the complaints commissioner will ensure that the review is distributed to the appropriate authorities, whether it be a professional order or a medical examiner.
Can I also file a complaint if I am simply dissatisfied with the services?
Yes. Complaints within the network concern both the quality of care and the organization of services. Even if no harm has been caused, you can request that your complaint be reviewed.
Can the Protecteur du Citoyen compensate me?
No. The Protecteur du Citoyen reviews complaints and makes recommendations, but cannot award financial compensation. To obtain compensation, you must consult a lawyer.
