Common Questions
About the Complaints
and Investigations Process
What is the College and what does it do?
The College of Physicians and Surgeons of Nova Scotia is the body that licenses and regulates the province’s medical doctors under the Nova Scotia Medical Act.
What can I do if I am concerned about a doctor or a doctor’s practice?
Small misunderstandings between doctors and patients can lead to bigger problems if they are not addressed quickly. For this reason, it is wise for patients and doctors to discuss these problems
when they arise.
If you have concerns that involve communication, medical records, or questions about a doctor’s care, the College suggests that you first discuss this issue with the doctor. If this does not resolve the issue or if you cannot discuss the concern with the doctor, you can call the College’s Investigations Department for assistance at (902) 422-5823, or toll-free in Nova Scotia at 1-877-282-7767. By contacting College staff, you are not automatically filing a complaint against the doctor.
Why do people make complaints about doctors?
Doctors face complaints for many reasons, including:
- incorrectly carrying out medical procedures
- misdiagnosing illnesses
- dishonesty or fraud
- breaching patients’ confidentiality
- sexual misconduct
Who can make a complaint?
Complaints about doctors can come from anyone, including patients, patients’ families or other doctors. A person who files a written complaint with the College is known as a complainant.
Can I complain for someone else?
It is better if a complaint comes from the patient or somebody directly involved with the issue. However, anyone with a connection to the patient or the doctor may complain for the patient. A complaint can be filed with the College whether the patient in question is alive or deceased.
How do I make a complaint?
Complaint forms and information are available by visiting the College website at www.cpsns.ns.ca or by contacting the Investigations Department (see contact information at the end of this document). While a complaint form is recommended, complaints can also be filed without a form if they are typed or clearly printed by hand. All complaints must be submitted in writing and signed by the complainant. Complaints cannot be submitted
by e-mail.
Complaints must contain the doctor’s name, a description of the events that led to the complaint (such as the date and location) and any other information that may help the College in its investigation. If possible, complaints should also contain the names of people who witnessed the
event or who have other useful information.
In order to proceed with a complaint investigation, the College also requires a signed “Authorization and Consent to Release Information”. This form is also available on the website or by contacting the Investigations Department.
How does the College deal with complaints?
When the College receives a written complaint about a doctor, a copy of the complaint is sent to the doctor for a response within 30 days from the date of receipt of the complaint. A copy of the doctor’s response is then sent to the complainant for comment. The doctor is then permitted a final written response. However, if the doctor has nothing further to add, a second response is not required.
Doctors may sometimes need more than 30 days to respond to a complaint. If this happens, the Investigation Department may grant an extension to prepare and submit a written response to the College.
All written complaints concerning discipline issues are sent to the College’s Investigation Committee for review, investigation and decision. This Committee may request additional information or it may wish to interview the doctor and/or the complainant.
Is there a time limit to file a complaint?
There is no time limit to file a complaint, but the College recommends that complaints be submitted as soon as possible after the event. The earlier a complaint is received, the sooner any possible risks to the public can be addressed. If a complaint is received long after the event, it may be more difficult to obtain medical records and other information necessary to investigate the complaint.
Who will review the complaint?
Complaints are investigated by one of the College’s Investigation Committees. Each Committee consists of four doctors and one member of the public. College staff members assist the Investigations Committees, but play no role in the decisions the Committees make.
How are complaints investigated?
The Investigation Committee usually begins by examining the complaint, the doctor’s response, and other information, which may include medical records. Depending on the nature of the case, the Committee may seek more information to assist in investigating the complaint. This can include reviewing other records, conducting interviews, consulting with experts and undertaking audits or assessments.
If I file a complaint with the College, am I expected to appear before the Investigations Committee?
The complainant may be asked to meet with the Investigation Committee reviewing the complaint if Committee members require additional information or clarification of the complaint. If so, the complainant may be accompanied by a friend, a family member or some other support person. The doctor will not be present if the Committee wishes to meet with the complainant.
Does making a complaint cost anything?
There is no fee for filing a complaint.
How long does the complaint process take?
The College makes every effort to resolve complaints as quickly as possible.
While the length of the process can vary, most complaints are resolved within six months.
If I file a complaint, should I plan on seeing another doctor?
Complaint investigations can take up to six months and sometimes longer. The College recommends that patients involved in complaints avoid contact with the doctor named in the complaint during the investigation. For this reason, patients should plan to see another doctor at least while the College is investigating their complaint and perhaps permanently.
How do I find a doctor who is accepting new patients?
To find a family doctor who is accepting new patients, call the Nova Scotia Department of Health Physician Information Line at (902) 424-3047 or visit www.gov.ns.ca/health/physicians.
What should I do if I believe that a doctor has engaged in sexual misconduct?
The following are examples of sexual misconduct by a doctor:
- Sexual contact between a doctor and a patient
- Unnecessary viewing of all or part of a patient’s body by a doctor, which may happen if the patient is not permitted to undress in privacy or if the patient is not properly covered when being examined or treated
- Inappropriate comments about a patient’s sexual orientation by a doctor
- Sexualized comments by a doctor, including inappropriate remarks about a patient’s body or clothing
- Inappropriate and unnecessary requests by a doctor for details of a patient’s sexual history
- Failure by a doctor to get permission from a patient before examining private areas of a patient’s body
- Inappropriate examination of a patient by a doctor especially when it involves the breasts, genitals or anus
- Inappropriate body contact between a doctor and a patient, including kissing and hugging of a sexual nature
People who suspect sexual misconduct by a doctor are encouraged to contact the College.
The College recognizes that such situations are often uncomfortable for patients, and can arrange for staff members to meet confidentially with patients or other individuals to discuss the matter and to answer questions about filing a written complaint. Patients are always welcome to bring a support person to this meeting.
What are the possible outcomes of complaints?
(a) The Investigation Committee may decide to dismiss the complaint where there is no evidence that the care provided was below the acceptable standard, unprofessional, or where there is not enough information to proceed further with the investigation.
(b) The Investigation Committee may counsel (advise) the doctor on how to improve his or her conduct or practice.
(c) The Investigation Committee may caution (warn) the doctor that if the conduct recurs, more serious disciplinary action may be considered.
(d) The Investigation Committee may issue a reprimand in cases where there is evidence of professional misconduct, incompetence, or conduct unbecoming. A reprimand is a finding of professional misconduct that is entered on a doctor’s formal discipline record. The Investigation Committee can only issue a reprimand with the consent of the doctor. If the doctor does not consent, the complaint is referred to a Hearing Committee (see below).
(e) In cases where the Investigation Committee determines that there is evidence of professional misconduct, incompetence, or conduct unbecoming, it may refer the complaint to a Hearing Committee. At this point, the College becomes the formal complainant. Once a complaint is referred to a Hearing Committee, charges are filed against the doctor. The Hearing process is similar to a trial, with sworn evidence and legal submissions by a prosecutor acting for the College and a lawyer representing the doctor. Complainants may be called to testify as witnesses. In some cases, the matter may be resolved with a Settlement Agreement. Hearing Committee decisions can range from dismissal of the complaint to removal of the doctor from practice.
Are the things I say and write to the College kept confidential?
The College takes great care to ensure that complaint information is kept confidential. Staff and Investigation Committee members are bound by confidentiality agreements, while information in the College’s possession is strictly protected by a number of security measures. The College also asks complainants and doctors to avoid speaking publicly about a complaint while it is under investigation.
Meetings of Investigation Committees are not open to the public and their decisions (with the exception of consensual reprimands) are not made public.
Proceedings before Hearing Committees are usually open to the public. However, where sensitive information is involved, Hearings may be closed. Decisions of Hearing Committees are published, but where there are issues of a sensitive nature, publication bans may be imposed on portions of the evidence and the decision. Hearing Committee decisions do not ordinarily identify patient names.
During the course of an investigation, it may be necessary for College staff to obtain a copy of a patient’s hospital records to assist the Committee in its investigation. If this is the case, a copy of the records is usually given to the complainant and to the doctor in question. If the complainant is not the patient involved in the complaint, this person will not receive a copy of the records.
Does the College award financial compensation?
No, the College does not award financial compensation. People seeking financial compensation should seek legal advice, as this is a matter for the courts. To find a lawyer in Nova Scotia, contact the Public Legal Education Society’s Lawyer Referral Service in Halifax at 455-3135, or check the Lawyers section in the Yellow Pages.
What are my rights as a patient?
Patients have the right to:
- be treated with respect
- expect confidentiality be maintained, unless their doctor explains why it has to be broken
- expect their doctor not to take physical, emotional, sexual or financial advantage of them
- refuse an examination or treatment or withdraw consent without obligation or harassment
- be kept informed, if possible, of major delays in obtaining consultations or treatments
- know if there are colleagues with whom their doctor will discuss their case
receive appropriate referrals
- request a second opinion
- be listened to carefully and supportively regarding their concerns
- have another person present during examinations
What are my responsibilities as a patient?
Patients are expected to:
- respect the privacy of other patients, doctors
and staff
- ask the doctor for further information if they do not understand
let their doctor know if they feel uncomfortable during an examination or treatment
- cooperate and follow recommended treatment as long as they agree, and inform their doctor when they don’t
- notify their doctor or staff if they are unable to keep an appointment
- allow their doctor to have a staff member present during an examination
How do I contact the College?
College of Physicians and Surgeons of Nova Scotia
5005-7071 Bayers Road, Halifax, NS B3L 2C2
Telephone: (902) 422-5823
Toll-free in Nova Scotia 1 (877) 282-7767
Fax: (902) 422-5271
