Healthcare & Medical
Human Rights Code Violations
Certain groups are more likely to experience discrimination when seeking healthcare services, such as people of color, LGBTQ+ individuals, and those with disabilities. Discrimination in healthcare can take many forms, including denial of treatment, unequal access to care, and biased treatment from healthcare providers.
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Discrimination in Medical Treatment
Discrimination by doctors is not a new issue. But it is still affecting people today, and we need to do something about it.
Recent studies have shown that many doctors are discriminating against their patients based on factors such as race and gender. This can be seen in different ways, including the doctor's treatment of their patient—whether they treat them with respect or not, or whether they listen to them or not—and also in the type of care they give a patient. For example, if a doctor knows that a patient has been diagnosed with breast cancer and they don't prescribe them any medication for the disease, that would be discrimination.
It's important to note that this discrimination often happens unintentionally. Doctors don't mean to discriminate against their patients; they just aren't aware that what they're doing is wrong. Therefore, we need to educate them about why it's wrong before things get worse!
They think that they can get away with it. After all, they know that most people will not report them, which is true because many people don't know how to report discrimination or harassment.
The people who are discriminated against should stand up for themselves and report the person who is discriminating against them.
It's Time to Take Action
Discrimination by a doctor is a serious issue. It violates the human rights of patients and affects their health.
It's easy to overlook this discrimination—it happens in the exam room, where people are vulnerable and exposed. But there are many ways doctors can make their patients feel safe and respected, and they should start doing that immediately.
For example, when a doctor asks a patient if they have any questions or concerns about the visit, they should really listen to what the patient says. If they ask if they're allowed to talk about their gender identity or sexual orientation with you, then you should say yes! They have every right to privacy, but also every right to be themselves with you.
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Discrimination in Medical Treatment
Here are answers to some common questions.
Healthcare Providers Must Follow the Human Rights Code
The human rights laws of Ontario protect you from discrimination when receiving healthcare. Healthcare facilities, home care programs, hospitals, and doctors' offices all fall under the Human Rights Code. Providers may make treatment decisions based on their professional medical knowledge without violating the Code. However, a healthcare provider cannot make treatment decisions based solely on a patient's characteristics without a valid medical reason.
Personal characteristics include:
- Race, colour, or ethnic background
- Citizenship or the country you are from
- Religion
- Age
- Sex
- Sexual orientation
- Gender identity
- Gender expression
- Physical or mental disability, including an addiction
- Marital status (for example, married, divorced, single, or living common-law)
In this case, we are dealing with discrimination. Moreover, discrimination occurs if the healthcare provider refuses to treat you, ignores you, or makes comments about you as a result of one of these personal characteristics or a combination of them.
Discrimination Against People with Mental Health Disabilities
It is common for people with mental health disabilities to be stereotyped as violent and dangerous. As an example, if a doctor asks for extra security measures for someone with a mental health disability, and there is no reason to think this person may be violent, it constitutes discrimination.
Discrimination Against Indigenous People
Indigenous people often deal with the stereotype that they abuse drugs and alcohol. For example, a doctor might refuse to prescribe painkillers if they rely on this stereotype and think the Indigenous patient has a substance abuse problem. This is discrimination and it is against the law. But it is not discrimination if the decision is based only on a medical review that shows the patient is addicted to painkillers.
Filing a Complaint: Keep Notes About What Happened to You
A doctor or nurse cannot discriminate against a patient under the Ontario Human Rights Code.
Making notes about what happened if you believe you have been discriminated against is a good idea. Making notes when things happen while you are still able to remember them is best. Over time, people can forget details about events. To prove when the notes were made, emailing them to yourself can help.
In your notes, you should include as much information as possible about what happened to you.
Include the following:
- Date, time, and location
- List of people who have done or said things
- Witnesses or hearers
- Your actions at the time
Ask a friend, family member, or someone you trust to help you write your story as soon as possible if you find it difficult to do so.
Additionally, you may wish to seek legal advice about what is happening to you and your options. For a free consultation, you can contact Cordaie Paralegal Services at 844-4-WIN-4-ME or complete our online form.
Contact the Patient Relations Department
If you have been discriminated against by a healthcare provider, such as a doctor or nurse, you can file a complaint with the hospital's patient relations department. In most hospitals, there is a patient relations department that deals with complaints from patients or their families. You can contact the department by phone or email to share your experiences. Hospital websites usually provide information about their patient relations department.
Keep notes if you do complain, such as:
- Your complaint date
- Contact information for the people you contacted
- How they responded
Notes should be taken when things happen while they are still fresh in your memory. Because details of events can be forgotten over time, this is important. If you email the notes to yourself, you can prove when the notes were made. Keep copies of all communication with the patient relations department or hospital, including emails, letters, and texts.
The College of Physicians and Surgeons or the College of Nurses may be able to help you if you feel you have been treated unfairly by a doctor or nurse. There are professional groups that doctors and nurses belong to whose members are governed by rules and who deal with complaints. It is possible for the College's decision to affect the practice of a doctor or nurse.
Get Legal Advice
In the event that you think a healthcare provider has discriminated against you, you should consult a paralegal right away. Legal advice and information can be obtained from us at Cordaie Paralegal Services. Contact us today for a free consultation at 844-4-WIN-4-ME.
You can get help from our team with:
- Deciding if you are discriminated against
- Filing a claim with the Ontario Human Rights Tribunal
- Gathering evidence you can use to prove healthcare discrimination
In addition to helping you to apply to the Human Rights Tribunal of Ontario, Cordaie Paralegal Services can also provide you with support when you go to the hearing. To find out if we can help you, call us today at 844-4-WIN-4-ME for a free consultation.
Making a Human Rights Claim
If you believe a healthcare provider has discriminated against you, you can file a complaint with the Human Rights Tribunal of Ontario. A tribunal can decide whether or not you were discriminated against by a healthcare provider. Legal advice should be sought before making an application. Information and legal advice are provided free of charge by the Human Rights Legal Support Centre.
A Tribunal application is the first step in the process.
You state the following in your application:
- Describe what happened
- Give an explanation of why you believe you were discriminated against
There is an Applicant's Guide with detailed instructions available from the Tribunal.
You will receive a response from the healthcare provider after you file your application. In order to resolve your issues, you may both decide to attend mediation. If your issues cannot be resolved, a Tribunal member will decide whether you were discriminated against in a hearing. Often, the whole process takes more than a year.
Time Limits
Applicants must apply to the Tribunal within one year of the date they were discriminated against.
If you plan to file with the Tribunal within one year, you must do so as soon as possible. You can still apply if you miss the deadline, but you will have to explain why you missed the deadline. The Tribunal rarely accepts late applications.
Actions the Tribunal Can Take
Tribunals can order healthcare providers to do the following:
- Make a payment to you
- Follow human rights laws by changing its practices
It is possible to receive money to cover costs you had or to replace money you spent because of what your healthcare provider did.
If you were harmed by the actions of a healthcare provider, you may be able to seek money. Having your human rights violated by a healthcare provider can be very painful. You can get money from the provider if the Tribunal orders them to do so. It is not necessary for you to demonstrate a financial loss because of their actions.
Frequently Asked Questions
Here are answers to some common questions.