From time to time, people are unhappy with their doctor's care or conduct. A person may dislike the doctor's bedside manners or disagree with his or her diagnosis and treatment. What should you do if your concern about your physician is more than trifling? Should you file a formal complaint or are there grounds for a lawsuit? The answer to that question depends upon whether the nature of your complaint is ethical or professional.

The Canadian Medical Association publishes a Code of Ethics for physicians. This Code sets standards on how doctors must deliver professional care to their patients. Among other things, the code lists responsibilities of physicians including the following:

In each province, physicians are regulate through licensing bodies. In most provinces that body is called the College of Physicians and Surgeons. Consequently, if you believe that a doctor has breached the Code of Ethics, a complaint can be made to this professional body. Many jurisdictions require complaints in writing so a mere phone call will not get results.

Each province has legislation that outlines the procedure for handling ethical complaints; typically, a College member would investigate the complaint and then make a recommendation on whether formal disciplinary proceedings were warranted. The investigator may also conclude that the complaint is without foundation. In 1995, no fewer than 2,420 complaints were made to the College of Physicians and Surgeons in Ontario. Only 67 of those complaints were referred to disciplinary proceedings.

Sometimes a patient's complaint about a physician involves more than an ethical breach. What if an operation had terrible consequences? What is a serious medical ailment was not detected or was misdiagnosed? In those types of cases the patient's health may be damaged. Can the doctor be held responsible?

The courts require doctors to deliver reasonably competent care. The Supreme Court of Canada described the legal duty as follows:

Every medical practitioner must bring to his task a reasonable degree of skill and knowledge and must exercise a reasonable degree of care. He is bound to exercise that degree of care and skill which could reasonably be expected of a normal, prudent practitioner of the same experience and standing, and if he holds himself out as a specialist, a higher degree of skill is required of him than of one who does not profess to be so qualified by special training and ability.

Physicians have a lot of training and people rely on their skills. If a doctor provides medical services that are below the reasonable standard and someone's health is harmed, then that doctor is negligent.

Physicians may also be negligent if they do not fully advise their patients of the risks of a particular medical procedure. Courts have ruled as follows:

Canadian doctors are obligated to disclose to their patients the nature of a proposed operation, its gravity, any material risks and any special or unusual risks attendant upon the performance of the operation.

Consequently, if a risk is not disclosed to a patient and that risk materializes after the operation, a doctor may be negligent. In such a case the patient must also prove that he would have declined the medical procedure if he knew all the risks beforehand.

In either instance of negligence, if a doctor's improper care damages the health of a patient, the courts may order the physician to pay compensation for the loss. That compensation may include money damages for "pain and suffering", lost wages, out of pocket expenses, potential future losses and court costs.

If you have a serious grievance with your doctor, the professional college and the courts are available to remedy the circumstance. Fortunately, most grievances with physicians are of a minor nature. If a talk with your physician does not cure the problem, you are always free to change doctors.