When you or a family member experience medical harm...
Your Journey
If you or a loved one have experienced medical harm, it is vital that all errors be reported to the licensing board of the offending health care practitioner. There are several steps you can take to ensure your voice is heard. A paper trail and reporting medical errors also provides evidence of the status of our health care.
Facts to consider
A digital/hard copy file for all correspondence including letters, pictures, audio/video recordings, medical records, witness statements, etc is necessary to expedite your case.
Filing a complaint
There is no time limit (Statute of Limitations) to file a medical harm complaint/report with your provincial licensing board regarding;
- your doctor with the College of Physicians and Surgeons
- your nurse with the College of Nurses
- your health care facility with your health authority
- your Ombudsman
- report a medication error at https://www.mederror.ca/
These organizations all have a web site that will guide you through the process of filing a complaint. Be sure to keep a copy of all the documentation you have provided to them.
Filing a law suit
The Statute of Limitations to file a law suit is two years in Canada. This applies to lawyers and small claims court. It is very important to search for a lawyer who has a history of medical care injuries cases and an in depth knowledge of the legal requirements involved in malpractice law suits.
Documenting Your Story
The culture in the political, legal and medical professions do not accept 'he said, she said' information unless it is recorded or witnessed. The facts of the events needs to be confirmed in paper copy (your medical records), pictures, audio or non medical witnesses (there are bylaws preventing health care practitioners from witnessing for the plaintiff/patient/family). So bottom line – the facts and only the facts, a brief summary of the events you are exposing.
Advocacy Organizations
Each province has advocates/organizations that can also help guide you through the process and will inform and recommend actions for you to take. You will have to search for your provincial advocates. There are several types of advocacy groups in each province (low-income clients, etc).
If you have been medically harmed resulting in a sustained disability, there is a program you may qualify for called CRA Disability Tax Credit.
https://www.canada.ca/en/revenue-agency/services/tax/individuals/segments/tax-credits-deductions-persons-disabilities/disability-tax-credit.html . Be aware, it may require several attempts at applying before being accepted.
There are many associations, some helpful and some not helpful, you will simply have to do an extensive search, it is time-consuming but necessary.
All the best on this difficult journey. Be assured you are not alone, many others have experienced similar problems and will stand with you and support you.