Any user of CHSLD services may file a complaint if they feel that their rights have not been properly respected by the institution or when dissatisfied with the services received by the CHSLD.
However, the healthcare system is complex and can be difficult to navigate. You may easily feel overwhelmed by the administrative procedures required to file a complaint against a CHSLD.
Our healthcare lawyers explain the procedure to follow to file a complaint against a CHSLD.
Why file a complaint against a CHSLD?
Using the services of an institution in the healthcare system, such as a CHSLD, gives you several rights. These include, among others:
- Staying informed about your health conditions
- Choosing the professional or institution that will provide you with services or care
- Consulting your patient file
- Receiving end-of-life care or services
If you think a CHSLD violated one of your rights or if you are dissatisfied with the quality of services, the law permits you to file a complaint against the health institution involved.
Who can file a complaint against a CHSLD?
There are many situations involving human rights violations that may require a complaint to be filed. In such cases, three categories of individuals may file a complaint against a CHSLD:
- Facility users
- The user’s representative (parents, guardian, mandatary, etc.) when the user is a child or medically incapacitated
- The heir of a deceased user
If you fall into one of these categories, you can file a complaint against a CHSLD.
Filing a complaint: the procedure
Filing a first-level complaint against a CHSLD
To file a first-level complaint against a healthcare institution, such as a CHSLD, you must contact the institution’s service quality and complaints commissioner. This complaint will be treated in confidentiality and may be made either verbally or in writing, at your discretion.
It is important to note that section 73 of the Act respecting health services and social services stipulates that no person may take or attempt to take reprisals against any person who makes or intends to make a complaint.
Similarly, no civil action may be brought as a result of or as a consequence of a complaint made in good faith, regardless of the conclusions reached.
Once your complaint is received, it will then be processed within 45 days or, if additional time is required, you will be notified within the same time frame. The commissioner will then provide you with findings and recommendations to resolve the problem. They may also provide you with corrective measures specific to the individuals involved.
Filing a second-level complaint
What should you do if you are not satisfied with the response or findings of the establishment’s service quality and complaints commissioner?
You can file a second-level complaint with the Quebec Ombudsman. They will review your second complaint and follow up within 60 days of receiving the complaint.
Getting help or support to file a complaint
MedLégal’s medical rights lawyers are always there to support you in your efforts to file a complaint against a CHSLD. Contact us if you feel that your rights have been violated.
Assistance can also be obtained from the users committee of the facility involved. For the contact information for the users committee, you should contact the CHSLD directly. You can also get help from the Complaints Assistance and Support Centre in your area. These are community organizations that can assist and support you in your complaint process.
Filing a complaint against a CHSLD and enforcing user rights
You have multiple rights as a user of the CHSLD’s services and they should always be respected. If you believe that this was not the case, file a complaint as soon as possible.
We hope you found this information valuable. For any other questions or to speak with a lawyer, contact us.