Q: If I'm not satisfied with the doctor's or hospital's care, can I make a report to the authorities?

A:

We receive a lot of calls about potential malpractice cases.  It is not because people are sue happy.  Primarily, it is because the practice of medicine is no different than many other professions.  Some doctors are excellent, some are rushed and occasionally make mistakes, some have poor bedside manners, and some are not competent for whatever reason.  And sometimes, patients simply fall through the cracks due to poor communication of test results, and other mistakes.

Even if you or a loved one are the victim of a medical mistake (known as medical negligence or medical malpractice), it does not automatically mean that you have a case worth pursuing through a lawsuit.

Firstly, medical malpractice cases are extremely expensive to investigate and pursue.  With very few exceptions, experts must be consulted to review records and determine if malpractice even occurred, and it can cost thousands of dollars just to determine if a preventable medical mistake occurred.  It can cost tens of thousands in expert witness and other disbursements to bring a case to settlement, and more again to complete a trial.  Generally, serious permanent injuries are required in order to attract the significant money damages required to justify this kind of effort and expense.

Secondly, doctors win close to 85% of all malpractice lawsuits that go to trial.  This indicates that these cases are always risky.

We must consider all these realities in deciding to accept or reject any case.  But that does not mean you are without rights if we decline your case.  If you are not satisfied with a physician’s or hospital’s care, you should be aware that you can report what happened to the College of Physicians and Surgeons of Newfoundland and Labrador and if a hospital was involved, to the hospital authority. 

It costs nothing to institute a complaint, and they can be lodged by the patient themselves or by a person on behalf of the patient (spouse, parent, child, friend, lawyer, physician, etc.).  Complaints to the College must be in writing and must include the following information:

·         Patient’s name
·         Patient’s mailing address
·         Patient’s telephone number
·         Patient’s MCP number
·         Physician’s full name; and,
·         Physician’s address.

If you are lodging a complaint on behalf of the patient, then your full name, mailing address and telephone number is required in addition to that of the patient.  You will also have to state your relationship to the patient (spouse, etc.).  The College also requires consent for the release of the patient’s medical information to the College.  This consent must be from the patient themselves (or the patient’s legal representative).

If the physician has hospital privileges, you can also complain to the Vice President Medical Affairs of the appropriate regional health authority.  Contact information for these officials and for the College is set out in the Appendix to this document.

If you are computer savvy, there is a wealth of information online as to how the complaint process works.  Just go to http://www.nmb.ca/Complaints.asp.

Helpful Tips:
1.  Be concise with your complaint.  Avoid rambling and including unnecessary or irrelevant information.
2.  Be professional.  Avoid personal attacks or demeaning comments.
3.    Type your complaint letter if you can.
4.   Include copies of any medical records if you have them.

Many people we talk to about a potential malpractice case tell us:  “I don’t want this to happen to anyone else.”  If you feel this way, you owe it to yourself and the community to make your complaint heard.  Perhaps your situation was simply a bad result that no reasonable doctor or hospital could anticipate.  Or, you might not be the first person to make a complaint against the doctor or hospital involved, and your complaint may be the one where action is finally taken to make our medical care safer.

 

Remember:  If nobody complains, this will guarantee that nothing will change!  We hope you find this information useful.


DISCLAIMER

THIS IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO GIVE LEGAL ADVICE, SO PLEASE DO NOT RELY UPON IT FOR THAT PURPOSE. FOR MORE INFORMATION REGARDING THE COLLEGE OF PHYSICIANS AND SURGEONS OF NEWFOUNDLAND AND LABRADOR, PLEASE CONTACT THEM DIRECTLY.

 


 

 

 

 

 

 

 

 Appendix


College of Physicians and Surgeons of Newfoundland and Labrador
Suite 603, 139 Water Street
St. John’s, NL  A1C 1B2
Tel: (709) 726-8546
Fax: (709) 726-4725

VP Medical Services
Eastern Health           
Health Sciences Centre, Administration
300 Prince Philip Drive
St. John’s, NL  A1B 3V6
Tel: (709) 777-1308
Fax: (709) 778-6307

VP Medical Services
Central Regional Integrated Health Authority
50 Union Street
Grand Falls-Windsor, NL  A2A 2E1
Tel: (709) 292-2339
Fax: (709) 292-2249

VP Medical Services
Western Regional Integrated Health Authority
PO Box 2005
Corner Brook, NL  A2H 6J7
Tel: (709) 637-5000, Ext. 5168
Fax: (709) 634-5063

VP Medical Services
Labrador-Grenfell Regional Integrated Health Authority
Labrador Health Centre
PO Box 7000, Stn. C
Happy Valley-Goose Bay, NL  A0P 1C0
Tel:  (709) 897-2268
Fax: (709) 896-4032

 


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