What Are My Rights When Medical Care Is Denied or Delayed?
Being denied medical treatment, waiting months for necessary care, or experiencing dismissive or disrespectful treatment from healthcare providers can leave you feeling powerless and uncertain about your options. The Patient Ombudsman's annual report released Thursday says there were 4,886 new complaints filed between April 2024 and March 2025, a 10 per cent increase over the year before . You have rights as a patient in Ontario, and there are clear pathways to advocate for yourself, challenge decisions, and hold healthcare providers accountable when your rights are violated. This guide explains your fundamental patient rights, how to navigate complaint processes through the Patient Ombudsman and College of Physicians and Surgeons of Ontario, when to escalate concerns, and how to address bias or discrimination in healthcare settings.
What are my fundamental rights as a patient in Ontario?
Every patient is entitled to be treated with inherent dignity and worth. This foundational right underscores the acknowledgement that patients are individuals with inherent human rights. It emphasizes the need for unbiased and compassionate treatment, irrespective of an individual's background or history of marginalization . Examples of individual rights include: giving consent to treatment, participating in health care decisions, receiving information about treatment options and medical procedures, being assured of privacy and confidentiality, receiving dignified and respectful patient treatment, and having a complaint investigation and resolution process . Patients have the right to protection from various forms of harm, including abuse, denial of care, and unjustified interventions . These rights apply regardless of your age, gender, race, immigration status, income, or any other characteristic, and healthcare providers are legally and ethically bound to uphold them.
What should I do if I feel my medical concerns are being dismissed?
If you feel your symptoms or concerns are being minimized or ignored by a healthcare provider, advocate for yourself clearly and directly. Describe your symptoms specifically, explain how they affect your daily life and functioning, and state clearly what you are concerned about or what you need. Ask questions like "What else could be causing these symptoms?" or "What happens if we do not investigate this further?" to ensure all possibilities are being considered. Request that your concerns and the provider's response be documented in your medical chart, as this creates a record of the conversation and often prompts more thorough consideration. If you are not satisfied with the response, ask for a second opinion or a referral to a specialist, which is your right as a patient. Bring a family member or friend to appointments if you feel more comfortable with support, and consider writing down your concerns beforehand so you do not forget important details during the appointment.
Who do I contact if I have a complaint about a hospital or long-term care home?
Patient Ombudsman is a champion for fairness in Ontario's health sector organizations defined as public hospitals, long-term care homes and home and community care services coordinated by the Local Health Integration Networks . Contact the Patient Ombudsman if you have a complaint about public hospitals, long-term care homes, or Ontario Health atHome services. As an office of 'last resort,' the Ombudsman only deals with complaints that patients or their families have already tried to resolve somewhere else . This means you should first try to resolve your concern directly with the hospital patient relations department, the long-term care home administrator, or your Ontario Health atHome care coordinator before contacting the Patient Ombudsman. If you are not satisfied with their response or the issue remains unresolved, you can file a complaint with the Patient Ombudsman by phone, online, or by mail, and the office will investigate and work to resolve the issue.
What types of complaints can the Patient Ombudsman help with?
The report shows that many of the patients don't feel heard and some left the emergency room prematurely, without followup. Others raised issues with use of force with challenging behaviours, as well as a lack of trauma-informed obstetrical/gynecological care . The report states a patient went to the emergency department with a fracture in August 2021 and underwent tests that indicated they had cancer. According to the investigation, a new family doctor saw the results a year later and communicated the diagnosis. The cancer had metastasized to the patient's bones . The Patient Ombudsman can investigate complaints about quality of care and patient safety, communication breakdowns between patients and healthcare providers, delays in diagnosis or treatment, discharge planning and transitions between care settings, access to services and wait times, respectful and compassionate treatment, and privacy and confidentiality concerns. The office cannot investigate clinical decisions about treatment choices made by physicians, or the conduct of individual healthcare professionals like doctors, nurses, or dentists, which falls under the jurisdiction of their respective regulatory colleges.
How do I file a complaint about a doctor or nurse with their regulatory college?
When you feel that the care provided by your family doctor has fallen short—whether due to poor communication, inadequate treatment, or unethical practices—it's important to know that you have the right to file a formal complaint . To complain about a physician, you file with the College of Physicians and Surgeons of Ontario, which regulates doctors. To complain about a nurse, you file with the College of Nurses of Ontario. Other health professionals have their own regulatory colleges. Obtain the Form: Download the complaint form from the CPSO website or the relevant regulatory authority. Fill Out the Form: Provide all requested details, including your personal information, the doctor's details, a description of the incident, and the impact it has had on your health and wellbeing. Attach Supporting Documentation: Include all evidence you've gathered—this may consist of copies of your journal, correspondence, medical records, and any other relevant documents. Submit the Complaint . The college will review your complaint, conduct an investigation if warranted, and determine whether the healthcare professional's conduct fell below professional standards.
What should I include when documenting my complaint?
Thorough documentation strengthens your complaint and helps investigators understand what happened. Keep a detailed journal of all relevant appointments, conversations, and incidents, including dates, times, names of healthcare providers, what was said or done, and how it affected you. Save all correspondence including emails, letters, test results, and discharge summaries related to your care. Request copies of your medical records from the hospital or clinic, as these provide objective documentation of your treatment. Take notes immediately after concerning incidents while details are fresh in your memory. If there were witnesses to what happened, note their names and contact information. Describe the impact of the incident or delay on your health, daily life, work, and emotional wellbeing, as this demonstrates why the issue matters and warrants investigation. The more specific and detailed your documentation, the easier it is for investigators to assess your complaint.
How long does the complaint process take?
Acknowledgment: You should receive an acknowledgment of your complaint within 2–4 weeks of submission . The timeline for resolving a complaint varies widely depending on the complexity of the issue and which body is investigating. The Patient Ombudsman aims to resolve straightforward complaints within weeks to a few months, while more complex investigations can take longer. It also notes it resolved 4,863 complaints, some of which carry year-over-year , showing that the office actively works through cases even when they span multiple years. Complaints to regulatory colleges like the CPSO can take many months to over a year, as they involve thorough investigation, review by committees, and due process for the healthcare professional. While waiting for resolution, continue to seek the medical care you need through other providers, and ask the complaint office for updates on the status of your case if you have not heard anything after several weeks.
What happens if care is denied due to a provider's personal or religious beliefs?
If those measures fail, disincentives could be imposed, such as lower priority for hiring and lower pay, prohibitions on practicing alone, mandatory registration and scrutiny, liability for refusals, and other disciplinary measures. (Note: Solutions to the problem do not involve "forcing" doctors to do abortions or MAiD.) Another possible option is to set up a centralized referral agency that people can contact to get a direct referral to a provider in their region. Alberta and Ontario have done this for MAiD . Healthcare providers in Ontario have a professional obligation to provide an effective referral even if they personally object to a treatment on moral or religious grounds. This means they must connect you with another provider who can offer the service in a timely manner. If a doctor refuses to provide an effective referral for services like abortion, medical assistance in dying, contraception, or gender-affirming care, you can file a complaint with their regulatory college, as this may violate professional standards. You can also contact centralized referral services that Ontario has established for certain services, ask your local hospital or community health centre for assistance, or seek care from a provider who does not have such objections.
How do I address bias or discrimination in healthcare?
Another investigation described an Indigenous patient who filed a grievance about how a hospital managed an investigation into their allegation of unwanted touching by a personal support worker. The ombudsman found that "despite the hospital's best intentions, its investigation was not in keeping with trauma-informed practice and did not follow the hospital's own policies" . If you experience bias, stereotyping, or discriminatory treatment based on your race, gender, weight, disability, sexual orientation, age, or other characteristics, you have the right to file a complaint. Document the specific comments, actions, or treatment decisions that felt discriminatory, including who was involved and what was said or done. File a complaint with the hospital's patient relations department, the healthcare provider's regulatory college, or the Patient Ombudsman depending on the setting. You can also file a complaint with the Ontario Human Rights Tribunal if you believe you experienced discrimination that violates the Ontario Human Rights Code. Organizations like the Black Health Alliance, Rainbow Health Ontario, and disability advocacy groups can provide support and guidance when navigating complaints about bias in healthcare.
What are my rights if I want to leave the hospital against medical advice?
The ombudsman's office says it investigated a complaint from a 40-year-old who left the emergency department after nearly three hours in significant pain with a suspected ectopic pregnancy because "she was subjected to a harsh and humiliating environment where communication was terse and task-centred." It also says no attempt was made to deter the patient from leaving against medical advice . You have the right to leave a hospital or refuse treatment at any time, even if healthcare providers advise against it, as long as you have the mental capacity to make that decision. Healthcare providers should explain the risks of leaving, offer alternatives, and make reasonable efforts to address your concerns and encourage you to stay if your condition is serious. They should not use coercion, intimidation, or threats to prevent you from leaving. If you choose to leave, you will typically be asked to sign a form acknowledging that you are leaving against medical advice, though you are not legally required to sign it. If you leave because of poor treatment, disrespectful communication, or feeling unsafe, you can file a complaint about the conditions that led to your decision even after you have left.
Can I access my medical records to support my complaint?
Yes, you have the legal right to access your own medical records under Ontario's Personal Health Information Protection Act. You can request copies from the hospital, clinic, or doctor's office where you received care by submitting a written request, often using a form provided by the facility. There may be a small fee for copying and mailing records, but you cannot be denied access based on inability to pay. Healthcare providers must respond to your request within 30 days in most cases. Reviewing your medical records can help you understand what was documented about your care, identify gaps or errors, and provide evidence to support your complaint. If you find errors or missing information in your records, you can request corrections, and if the provider disagrees, you can submit a statement of disagreement that must be attached to your record.
What if I cannot afford a lawyer but need legal help with a healthcare issue?
Legal Aid Ontario provides free legal services to low-income residents for certain types of cases, though routine healthcare complaints are not typically covered. Community legal clinics across Ontario offer free legal advice and may be able to help with complaints involving systemic issues, human rights violations, or denial of coverage for essential services. Law school legal clinics operated by universities sometimes take healthcare-related cases and provide free representation by supervised law students. The Advocacy Centre for the Elderly provides free legal services to low-income seniors on issues including healthcare and long-term care. Patient advocacy organizations and community health centres may offer guidance and support for navigating complaint processes even if they cannot provide legal representation. Many lawyers offer free initial consultations where you can learn about your options before deciding whether to hire representation.
Where else can I turn if I need help navigating the healthcare system?
"And we always encourage people, 'if you don't know where to go, just give us a call'," said Thompson. "Our team is really excellent at helping you to understand the system" . If we can't help, we'll tell you who can , notes the Ombudsman Ontario website. Health Connect Ontario at 811 can connect you with a registered nurse who can provide health advice and direct you to appropriate services. ServiceOntario can help with questions about OHIP coverage and healthcare services. Community health centres often have patient navigators or social workers who can help you access care and resolve issues. Settlement agencies can assist newcomers with understanding the healthcare system and their rights. Local health integration networks or Ontario Health can address system-level access issues. Each of these resources can either help you directly or point you to the right organization for your specific concern.
Key tips for advocating for your rights as a patient
- Know your rights: You have the right to respectful treatment, informed consent, privacy, and a complaint process when care falls short.
- Document everything: Keep detailed notes, save all correspondence, and request copies of your medical records to support your complaint.
- Try to resolve concerns directly first: Contact patient relations, speak with the healthcare provider, or request a care conference before escalating to external bodies.
- Contact the Patient Ombudsman for hospital or long-term care complaints: This office investigates quality of care, communication, and system issues in hospitals, long-term care, and Ontario Health atHome services.
- File with regulatory colleges for professional conduct issues: Complaints about doctors go to CPSO, complaints about nurses go to CNO, and other professions have their own colleges.
- Address bias and discrimination directly: If you experience discriminatory treatment, file complaints with patient relations, regulatory colleges, and consider the Ontario Human Rights Tribunal.
- Seek support from patient advocacy organizations: Groups focused on specific communities or health conditions can provide guidance and amplify your voice.
Experiencing denied or delayed medical care is frustrating, frightening, and sometimes dangerous, but you do not have to accept it silently. Ontario has multiple pathways for patients to advocate for their rights, challenge poor treatment, and hold healthcare providers and institutions accountable. Whether you are filing a complaint with the Patient Ombudsman, a regulatory college, or pursuing other avenues, speaking up not only helps you get the care you deserve but also contributes to improving the system for others. Your voice and your experience matter, and using the complaint processes available to you is an important act of self-advocacy and system accountability.
