What is the complaint process?

A complaint does not necessarily lead to an inquiry. When it is appropriate to do so, and with the consent of the requesting individual, a brief intervention may be carried out with the physician instead of conducting an investigation. When an inquiry is ongoing, the physician concerned may not, in accordance with the Code of Ethics of Physicians, communicate with the complainant.

Every year, the syndic receives over 2,000 complaints from the public, health care professionals, hospitals and organizations concerning the misconduct of physicians. Every complaint is analyzed and may lead to an inquiry. The Syndic’s Office undertakes about 1,000 inquiries each year. If necessary, other people with relevant information may be contacted. A physician summoned by the Syndic’s Office because they are the subject of an inquiry, a witness or a source of information, may not plead professional confidentiality and must answer the syndic’s questions or provide documents relevant to the inquiry.

Tools to understand the complaint process

To help you understand what happens when a complaint is made to the CMQ, you may consult the diagram, leaflet and video below.

View the leaflet

Complaint concerning a physician form

Here are the steps in a complaint

Receive and review the complaint

The CMQ receives the complaint and analyzes it. The team determines whether to intervene with the physician or open an inquiry. If the complaint is inadmissible, the file is closed. The complainant receives the CMQ’s response and is provided with the relevant information.

Inquiry opens

The Syndic’s Office studies the complaint.

Inquiry ends

At the end of the inquiry, the possible results are:

1. The file is closed without further action if there’s no misconduct.
2. Preventive or educational intervention.
3. Filing a complaint with the Disciplinary Council.

Explanation of the 3 possible results

File closed

If the complaint is inadmissible, the file is closed. The complainant receives the CMQ’s response and is provided with the relevant information.

Preventive or educational intervention

When an inquiry finds lapses in a physician’s care, a number of interventions are possible, such as:

• Comments and suggestions to improve the physician’s care.
• Participation in an improvement program (workshop, training course, mentoring).
• Restrictions on the practice of certain medical procedures.
• Limits on prescribing certain drugs (narcotics and others).
• Professional inspection.
• Terminating the physician’s right to practise.

In certain cases, the Professional Code (paragraph 48) states that the CMQ may order a medical examination of a person who is a member of such order, who applies for entry on the roll or who makes another application preceding admission to the profession where it has reason to believe the person’s physical or mental condition is incompatible with the practice of their profession.

Filing a complaint with the Disciplinary Council

A physician who has committed a breach of ethics may be subject to a complaint by the syndic before the Disciplinary Council. The Disciplinary Council is an independent tribunal that hears complaints about physicians and determines guilt after hearing the syndic’s evidence and the physician’s defence.

If the Council finds a physician guilty as charged, it determines the appropriate disciplinary action, usually a temporary suspension and/or a fine. When the syndic decides not to file a complaint with the Disciplinary Council, the complainant may request a review by the Review Committee within 30 days of receiving the syndic’s decision. The Comité de révision analyzes the inquiry and gives its opinion on the syndic’s decision not to file a complaint.

In its decision, the Review Committee may conclude the following:

• Conclude that there is no reason to submit a complaint to the Disciplinary Council.
• Suggest the syndic continue their inquiry and render a new judgment.
• Conclude a complaint should be filed. The appointment of an ad hoc syndic may be suggested, after an inquiry (as needed), decides whether or not to make a complaint to the Disciplinary Council.

In addition, the Review Committee may suggest to the syndic to submit the file to the person in charge of the inspection..