Medical errors in Quebec: remedies and time limits
A treatment that goes wrong, a late diagnosis, an unexpected complication: a poor medical outcome is not always a fault. This guide explains in plain terms the general rules, the different remedies and the time limits to know in Quebec.
In short
A doctor has an obligation of means, not an obligation of result.
To obtain compensation, you generally need to show a fault, an injury and a link between the two.
A complaint and a civil lawsuit are two separate processes with different purposes.
When is there a fault?
A doctor is not required to guarantee a cure. The doctor has an obligation of means: they must act as a reasonably prudent, diligent and competent doctor would in the same circumstances.
To obtain compensation, the patient must generally show three elements:
A fault: a departure from what a prudent and diligent doctor would have done in the same circumstances.
An injury: damage actually suffered.
A causal link: the injury must result from the fault.
Who can sue?
The patient may sue in their own name. Any person who suffered a direct injury related to the fault may also make a claim. If the patient has died, their heirs who accepted the succession may also take action.
How long do you have to act?
The lawsuit must usually be filed within 3 years of the fault. When the injury appears gradually or late, the time limit starts on the day it first appears.
Complaint or lawsuit: what is the difference?
A complaint to the service quality and complaints commissioner. It concerns the services received in a health institution. The commissioner must send their conclusions no later than 45 days after receiving the complaint. When the complaint concerns a doctor, it is referred to a medical examiner. A second recourse is then available before the Québec Ombudsman or, for a complaint concerning a doctor, before the institution’s review committee.
A complaint to the Collège des médecins du Québec. It is handled by the Office of the Syndic and concerns the doctor’s professional conduct. It may lead, for example, to recommendations, measures to supervise the doctor’s practice or a complaint before the disciplinary council.
A civil lawsuit. It is brought before the court and seeks compensation for the injury suffered.
How do you obtain your medical record?
The patient may request access to their record from the person in charge of the protection of personal information at the institution. The institution has 30 days to respond, and the request is free.
What documents should you bring to a consultation?
The medical record, or a copy of the access request
A written timeline of events: dates, symptoms, appointments
The names of the professionals and the institution involved
Proof of the losses suffered: income, care, home assistance
Any response received from the complaints commissioner or the Collège des médecins
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see the Medical and Hospital Liability page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
