Requests involving medical records

Request to access your medical file

Information found on file could answer certain questions you may have regarding the care and services and can help you understand a worrying situation.

If you are 14 years old or older, you have the right:

  • To confidentiality;
  • To have access to your file as soon as possible;
  • To have your file transferred;
  • To be assisted by a professional;
  • To revise the decision in the event of refusal of access to your file.

The CAAP can assist you in preparing your request to access your file. As this generally means a copy of your whole file or a part of it, photocopying costs may be linked to your request. You can ask to be advised of the eventual costs before the documents are produced.

In the case that there is a negative response in regards to your request, you have the right to request a review at the Access to Information Commission (Commission d’accès à l’information).

Request for rectification

If, after a request to see your medical file, you observe that there is information that is incomplete, inaccurate, ambiguous and/or outdated, you may request to rectify your file; such request must be based on facts. For example, a doctor who wrote that they operated you on your right hand, when in reality it was your left hand, a date error, a medication that you no longer take, etc…

In principle, professional opinions written in your file cannot be modified. For example, the symptoms of the patient, a clinical hypothesis, an evaluation or even a medical diagnosis. However, they can be subject to a second opinion made by another professional in which the results will be written in your file. It is also possible to add notes to your file concerns inappropriate elements.

These requests must be written to the person responsible for the access of documents (commonly called “the archives”) at the facility which has your file. We can help you prepare your request. Call us!

Independent of the health and social services network

The CAAP is a community organization that is funded by the health and social services minister (Ministère de la Santé et des Services sociaux). We determine our mission, methods, practices, and priorities independently. The CAAP is a non-profit organization (NPO) governed by a Board of Directors elected by our members.

We accompany and inform our users independently of the complaints commissioners’ offices and other components of the health network. We serve the public.

The CAAP’s role in the health and social services network is recognized in sections 76.6 and 76.7 of the ARHSSS.

Excerpt from the Act respecting health services and social services (ARHSSS)

“76.6. The Minister must […] give a community organization in the region the mandate to assist and support, on request, users residing in the region who wish to address a complaint to an institution in the region […].

76.7. [The organization] shall, on request, assist a user in any step undertaken to file a complaint with an institution or agency or with the Health Services Ombudsman, and provide support to the user throughout the proceeding, including when the complaint is referred to the council of physicians, dentists and pharmacists of an institution. The community organization shall provide information on the complaints process, help the user define the subject of the complaint, draft the complaint where necessary and provide assistance and support on request to the user at each stage of the proceeding, facilitate conciliation between the user and any authority concerned and contribute, through the support so afforded, to the user’s satisfaction and the enforcement of the user’s rights.”

Source: Publications Québec

The Service Quality and Complaints Commissioner

The Service Quality and Complaints Commissioner

The office of a service quality and complaints commissioner is like a “complaints desk” at a public institution within the health and social services network.

These “complaint desks” are staffed by teams that examine the complaints they receive to ensure users’ rights are respected. The teams generally include a commissioner and assistant commissioners. There are also medical examiners who deal with complaints against physicians.

They are responsible for:

  • Receiving the complaint
  • Conducting an investigation to determine whether the complaint is founded
  • Issuing conclusions based on the results of the investigation
  • Making recommendations if they feel that measures can be put in place to improve the situation

This applies to all complaints about services at an institution, including affliated facilities.

Commissioners have a duty of impartiality. They report directly to the board of directors of the institution. The complaints commissioner is one of the most accessible and fastest means of recourse in the health and social services system!

Complaint examination process

The adoption of the Act respecting health services and social services in 1991 led to implementation of the complaint examination process. With this step, the Government of Quebec confirmed the right of any person dissatisfied with the services they received to file a complaint and to be assisted and accompanied in this process.