Help and advice

Working together

Physicians across the country are facing unprecedented challenges and stress. We know times are tough, and we are here to support you. The vast majority of members calling the Association for assistance are professional and respectful. There are however a small handful of members who have been verbally abusive and inappropriate when speaking to member service representatives and physician advisors. The CMPA will not tolerate threatening, aggressive, or abusive language or behaviour towards any of our employees. We are here to support you and ask that you remain professional and respectful as we do so. Thank you for your understanding.


We’re here to help

Are you facing any of these issues in your practice? Please read these instructions and always contact the CMPA for individual advice with these matters.

You are not alone. Most physicians face at least one College complaint during their career.

  1. Assess the specifics of the complaint, and determine who complained about what.
     
  2. Determine what the College is asking you to do and if you have been given specific deadlines to meet.
     
  3. Review the patient’s medical record when the matter is about a clinical event. However, if the record belongs to a hospital or other institution (e.g. clinic owner), contact the CMPA before accessing it.
     
  4. Never alter a patient's medical record after a complaint.
     
  5. Read the CMPA’s article What to do if you’re notified of a College complaint.
     
  6. Contact the CMPA and schedule time to speak to a physician advisor for advice and assistance on how to formulate an effective response.
  7. With the CMPA’s assistance, respond in writing to the College in a professional and respectful manner, and objectively address the issues. Be succinct and direct, avoiding inflammatory language or accusations.
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Breathe. Most complaints can be resolved by engaging collaboratively with the hospital and health authority.

  1. Determine the specifics of the complaint. Your hospital should formally notify you of the complaint, if you will be asked to participate in an upcoming meeting or review.
     
  2. Never alter a patient's medical record after a complaint or legal action is initiated.
     
  3. Consider delivering an apology which expresses your sympathy and regret for what has happened. Before you apologize and accept responsibility for a mistake, you may wish to contact the CMPA.
  4. If applicable, participate in the discussion with the patient (or family) to give the complainants a factual understanding of what happened, an apology when appropriate, and what improvements are being made at the hospital.
     
  5. If the hospital conducts a quality improvement (QI) review, participate and share what you know about the facts of the case. Avoid blaming others.
     
  6. If the hospital conducts an accountability review, you are generally obligated to take part in a review of your professional work when requested. You may wish to contact the CMPA to discuss your participation.
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  1. Take clinical care of your patient and reassure the patient his or her needs are being met.
     
  2. Communicate to restore trust. As soon as reasonable to do so, disclose the adverse event to the patient and family. Do not speculate as to what may or may not have happened or comment on the care provided by others. Focus on the known facts related to the event and the provision of further clinical care.
     
  3. Provide emotional support to the patient and family. Express your sympathy and regret for what has happened. Continue to demonstrate compassion.
     
  4. Document your care and subsequent discussions in the medical record. Do not add to or change existing entries after learning of an adverse outcome.
     
  5. Report the event as required by your hospital, institution, and jurisdiction.
     
  6. Only after an analysis of the event, convey newly uncovered facts to the patient and include what steps are being taken to prevent similar harm to others.
     
  7. Prior to expressing an apology acknowledging responsibility, you may wish to contact the CMPA.
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  1. A patient may verbally communicate the intention to initiate legal action as a result of being dissatisfied with the care you provided. Try to address the situation, when appropriate, by demonstrating compassion and respect to the patient and family, and by fully understanding the motivation for the verbal threat. Use your discretion to assess the validity of the threat.
     
  2. The threat may also be communicated to you in writing, either through a formal letter from the patient or the patient's legal counsel. You should treat written correspondence of a threat seriously. Follow-up action is always required.
     
  3. If the threat is in writing, contact the CMPA and schedule time to speak to a physician advisor for advice. If the threat is verbal and you feel it will result in action, contact the CMPA.
  4. Ensure the medical record is complete and up-to-date.
     
  5. Never alter a patient's medical record after receiving a verbal threat or a written letter indicating that legal action may be launched.
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  1. Gather a copy of the patient’s medical record when the matter is about a clinical event. However, if the record belongs to a hospital or other institution (e.g. clinic owner), contact the CMPA before accessing it.
     
  2. Never alter a patient's medical record after a legal action is initiated.
     
  3. Contact the CMPA using the link below to request medical-legal assistance. Fill in the online form with details of your request and attach any documents you’ve received (such as you Statement of Claim). A physician advisor will respond as soon as possible and arrange for legal counsel to assist you.
  4. Work with your CMPA-assigned legal counsel to prepare a statement of defence, which will need to be submitted to the court within a specified period.
     
  5. Seek support to cope with the stress of a legal action.
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Are you facing any of these issues in your practice? Please read these instructions and contact the CMPA only if you need more information about these matters.

  1. Do not disclose patient information without the patient's express consent, unless required by law. (See the point below for information on when you are required by law to disclose.)
     
  2. Consider whether you are permitted or obligated to disclose patient information without the patient's express consent (e.g. you received a court order, or search warrant).
     
  3. If appropriate to disclose, release only the requested information. Consult with the CMPA or your legal counsel before releasing original copies of the medical record or other documents. Do not give away the original copies without contacting the CMPA first.
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  1. Read the article Treating non-residents of Canada to help determine whether the CMPA would assist you in the event of medico-legal difficulties.
     
  2. If it is an urgent clinical matter, provide appropriate care.
     
  3. If you undertake to provide care for a non-resident, make reasonable efforts for the patient to sign a Governing Law and Jurisdiction Agreement before providing treatment.
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  1. Review our technical help frequently asked questions (FAQs).
     
  2. Call our automated telephone attendant at 1-800-267-6522 and follow the prompts.
     
  3. Speak with a Member Representative at 1-800-267-6522, Monday to Friday between 8:30 a.m. and 4:30 p.m. ET.

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The CMPA developed the Member Support Program to further enhance its assistance to members, including those who have a pattern of recurring or increasing frequency of medico-legal events. By providing personalized support and educational advice, the program helps CMPA members to identify and address factors that may be contributing to their medico-legal risk. By so doing, the program helps members to practise safely and in a manner that contributes to their professional integrity and satisfaction, and to their well-being.

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Practical advice for your practice

The CMPA’s advice articles and learning resources offer guidance to help you navigate today’s practice challenges. Contact the CMPA if you need additional assistance.

Dealing with conflict

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The doctor-patient relationship and your practice

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If you are closing, opening, or changing your practice, please check with your medical regulatory authority (College). Your College will have policies or standards relating to this issue.

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If you are accepting patients into your practice, please check with your medical regulatory authority (College). Your College will have policies or standards relating to this issue.

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Complaints

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Subpoenas and testifying

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Virtual care

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Medical records

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Duty to report

A colleague to the College?

A child with concern of abuse or neglect?

A driver with safety concerns?

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Don’t see what you need?

Additional resources

Contact us

  • Contact the CMPA and schedule time to speak to a physician advisor
  • Call us at 1-800-267-6522 (in Ottawa area: 613-725-2000)