The College of Physicians and
When concerns or allegations are raised to the College's attention with respect to the performance or conduct of a physician, the College has a number of response options.
In selecting a response option, the College considers several factors. It prefers to respond in a manner that is likely to achieve an outcome that is mutually acceptable to the complainant and respondent physician. It also considers the potential for various interventions to foster behavioral change which might prevent recurrent complaints. Finally, it strives to achieve these goals as cost effectively as possible.
Of the potential response options to alleged physician misconduct or substandard performance, a hearing before the College's Discipline Committee is the most formal, adversarial, and costly. It may be the only credible response option in the face of very egregious allegations, disputed facts, and/or unwillingness of either party to consider alternative dispute resolution.
Over the past two years, the College has made a very concerted effort to effectively address allegations of physician misconduct through mechanisms other than formal discipline hearings.
Of the alternative dispute resolution strategies utilized by the College, mediation is the most common. In some instances, mediation is conducted formally by external professional mediators retained by the College through contractual arrangements. In other instances, the Executive staff of the College serve as mediators between a complainant and respondent physician.
Mediation is always a voluntary process. It can only commence with agreement from all parties to a dispute. The College regards itself as a party in the mediation process so that any formal agreement reached by the complainant and respondent physician does take into account broader societal interests. Any of the three involved parties can terminate the mediation process at any stage. When that occurs, the College must fall back on other response options described in The Medical Profession Act.
From the College's experience to date, it sees some distinct advantages in the mediation process as compared to formal discipline hearings. Mediation allows both the complainant and respondent physician input into the final outcome and is more likely to yield an outcome that is acceptable to both. In some instances, mediation has potential to restore a damaged physician-patient relationship so that the relationship is not automatically terminated by a patient complaint. The process does help both patients and physicians to gain insight into their respective behaviors and attitudes which may precipitate complaints.
Feedback from both physicians and citizens involved in mediation processes to date has been very positive.
A copy of the College's brochure entitled, "MEDIATION - Guide to Complaint Resolution Through Mediation" can be obtained by contacting the College office.