The College of Physicians andCourts have developed the doctrine of privilege to prevent persons making complaints from being sued, provided the complaint is addressed to a person or organization that has the authority to investigate the complaint (i.e. a regional health authority or a regulatory organization or association).
A complaint to the College of Physicians and Surgeons that alleges lack of care or improper conduct by a physician is the subject of absolute privilege. A physician who is the subject of such a complaint is not able to sue the complainant.
Protection under absolute privilege does not exist if the complaint is provided to persons who do not have the authority to investigate the complaint.
The College of Physicians and Surgeons suggests that complainants should be careful to address their complaints to persons and organizations that have the authority to investigate those complaints.
A complainant may wish to obtain legal advice if this matter is a concern.