Patient Advocacy Kit
Download the Patient Advocacy Kit in MS Word format.
The information provided in this document is designed to assist persons in our community advocate with their doctors.
Included in this package is information on:
- Getting Your Medical Records
- I Am Unhappy With My Doctor
- Choosing A New Doctor
Medical Records
As a patient you have rights and responsibilities!
You have the right to:
- Be treated with respect.
- Expect confidentiality to be maintained (unless your doctor explains why it had to be broken).
- Expect your doctor not to take physical, emotional, sexual, or financial advantage of you.
- Refuse an examination or treatment.
- Withdraw consent without obligation or harassment.
- Be kept informed, if possible, of major delays in obtaining consultations/treatments.
- Know if there are colleagues with whom your doctor will discuss your case.
- Receive appropriate referrals.
- Request a second opinion.
- Be listened to carefully and supportively regarding your concern.
- Have another person present during examinations.
You are expected to:
- Respect the privacy of other patients, physicians and staff.
- Ask your doctor for more information if you do not understand.
- Let your doctor know if you feel uncomfortable.
- Cooperate and follow treatment recommended as long as you agree and inform your doctor when you don't.
- Notify your doctor or staff if you cannot make your appointment.
- Allow your doctor to have a staff member present during an examination.
What are medical records?
Medical records include information about your health, illnesses and any medical tests you have had done. Your doctor will use it to store information about your health history so they can refer to it when they need to. The records belong to your doctor and you may not remove it or any reports in the record from you doctor's office, but you can review it and have a copy of it.
How long will my doctor keep my records?
Doctors should keep your records for 10 years after your last visit. After this they may destroy your records in a confidential manner.
How do I get my medical records?
You have the right to look at and get copies of your records, but you do not own them. The doctor or health care centre that compiled them owns them.
Your doctor may charge you a reasonable fee if you want a copy of your records. This will cover the cost of the photocopying, time to prepare the records and possible shipping fees. Your doctor does not have to produce your record on demand. Ask in advance if you want to review, or get a copy of, your records as it may take some time.
Your doctor does not have to give you information if they believe it may harm your physical, mental or emotional health, or if someone else may be harmed if you have the information.
For more information contact reachAbility at:
www.reachability.org/contact/
Or the Nova Scotia College of Physicians and Surgeons at: http://www.cpsns.ns.ca/index.html
This information was adapted from the website of the College of Physicians and Surgeons of Nova Scotia.
I Am Unhappy With My Doctor
How do I make a complaint?
There are forms that can be completed at the College of Physicians and Surgeons. This is the best way, but you can write or type a letter as well.
You will have to sign a complaint form before it can be investigated.
You need: The doctors name, what happened, where and when it happened and any other information that might help the investigation, like witnesses for instance.
Is there a time limit?
No, but the sooner it is reported, the easier it will be to investigate.
Who looks at the complaint?
An investigation committee made up of four doctors and one member of the public.
How are complaints investigated?
The committee reviews the complaint, the doctor's response, and any other information such as medical records. They can also review other records, conduct interviews, and consult with experts.
If I file a complaint, do I have to appear before a committee?
You may be asked to meet with the committee to give them more information.
If you do meet with them you can bring some one for support, like a friend or family member.
The doctor in question will not be at the meeting.
Does it cost money to file a complaint?
No, it does not cost money to file a complaint.
How long does a complaint take?
The College of Physicians and Surgeons tries to resolve complaints as quickly as possible. Most complaints are resolved within six months.
Are things I say and write confidential?
The College of Physicians and Surgeons takes steps to ensure the information is kept confidential. For your protection, staff members sign confidentiality agreements, and they suggest that you and the doctor do not speak publicly about the complaint. The committee meetings are not public. The hearing committee is open to the public, but sensitive information is not published.
What are the possible results from a complaint?
- If there is not enough evidence that there was a problem, or there is not enough information to investigate, no action would be taken.
- The doctor could be advised on how to improve his conduct or practice.
- The doctor could be warned that if it happens again, disciplinary action may be taken.
- In cases of misconduct, incompetence or conduct unbecoming, the doctor could be reprimanded and the complaint would then be entered on the doctor's formal discipline record.
- The complaint could be referred to a hearing committee.
What is a hearing committee?
Charges are filed when a complaint goes to a hearing committee. This is very similar to a trial, there is sworn evidence, and lawyers representing both sides. Complainants may be called to testify as witnesses. This may result in everything from dismissal of the complaint to removal of the doctor from practice.
Is there financial compensation?
No there is not; if you are seeking financial compensation seek legal advice.
Who is responsible?
The College of Physicians and Surgeons of Nova Scotia licenses and regulates Nova Scotia's Medical Doctors in accordance with the Medical Act, and investigates complaints about their conduct and competence.
What are the kinds of complaints?
Types of complaints can include: poor communication, not being given enough information, inadequate care, or a doctor's conduct.
How do I make a complaint?
Try to discuss your complaint with the doctor first. If you are still not happy, then contact
the College of Physicians and Surgeons at:
902-421-2201, 902-422-5823 or 1-877-282-7767.
Who can make a complaint?
Anyone can make a complaint; the patient, their family, or other doctors. Also, anyone with a connection to the patient, either living or deceased, can make a complaint.
For more information contact reachAbility at:
www.reachability.org/contact/
Or The Nova Scotia College of Physicians and Surgeons at:
http://www.cpsns.ns.ca/index.html
This information was adapted from the website of the College of Physicians and Surgeons of Nova Scotia.
Choosing a New Doctor
The key to being satisfied with your health care is the relationship you have with your doctor, and that begins with choosing one who is a good match for you. But a good relationship with your doctor is only one piece of the doctor-patient puzzle. Another is successful communication.
There is a lot that you, as the patient, can do to help build a better relationship with your doctor. Developing a strong bond with your doctor begins by investing the time to seek out a doctor who meets your needs.
Here is a simple five step process to help you choose the best doctor for you:
- 1. Decide what kind of doctor you need.
- We always support having a family physician. Health care has become so complex that you need someone to coordinate your care, as well as treat your minor health ailments.
- 2. Devise a list of candidates.
- Where you live may influence the length of your list. A long list can be shortened by ruling out doctors according to some easily identifiable criteria; for example, gender, location, etc. In this information age, it's easy to find the names of medical providers in your area. Many hospitals publish directories of physicians or offer a physician referral service. You can add names to your list by checking the telephone book, searching the internet and your local library for directories of doctors and medical specialists, and contacting the local medical society and/or university medical schools. Don't forget to ask for recommendations from your other health care providers, friends and relatives.
- 3. Narrow your list.
- Begin by identifying traits that you desire in a doctor and their staff. List these features according to those you consider to be "necessities" and those you consider to be "niceties." Then evaluate each doctor according to these things. Factors that appear on your list may include education and training, continuing education, specialty area, treatment philosophy, communication skills, hospital privileges and office hours.
- You can obtain much of this information before meeting the physician. For example, you can call the doctor's office and speak with the office manager. Ask about hours of operation, accommodation, accessibility, and how quickly you can be seen for an emergency situation.
- 4. Meet the doctors.
- Once your list is narrowed down to a handful of doctors, it's time to meet them. Although this usually requires a scheduled visit, you can gather information on a doctor's communication skills, areas of interest or specialty, and health philosophy, by attending a class that she teaches, or listening to her speak at a support group meeting, on the radio, or on television. When scheduling an appointment to meet the doctor, be sure to go into the appointment prepared.
- Make a list of questions to ask each doctor, and leave room to record their answers. If you want a doctor who is knowledgeable about a particular disorder, bring up the topic for discussion, and ask the doctor to briefly educate you on the problem and their treatment approach.
- 5. Choose a doctor.
- Take a look at your candidates and gauge how they met your criteria. How did they score? Which ones met the most necessities on your list? Did you find anyone who satisfies both the necessities and some niceties?
Once you've ranked the candidates, give them some more consideration. Only this time, use your intuition. If a doctor looks great on paper, but your gut cautions you against choosing them, then pay attention to your instincts.
Keep in mind that your decision isn't etched in stone. If a doctor turns out to be vastly different than they presented themselves, or if your preferences drastically change, you can always move on and find someone else.
Whatever you do, don't settle for a doctor with whom you do not feel comfortable, and who does not treat you with compassion and respect.
For more information contact reachAbility at:
www.reachability.org/contact/
This project was made possible with the generous support of The Law Foundation of Nova Scotia.
If you would like further information on reachAbility and its Legal Programming, please contact:
Legal Services -- (902) 429-5878 or legal@reachability.org.
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