23 avril 2019

Infirmière et patientEn tant qu’aîné et usager du Réseau de la santé et des services sociaux, vous disposez d’un certain nombre de droits, clairement définis dans la Loi sur les services de santé et les services sociaux. Lorsque vous constatez que ceux-ci ne sont pas respectés, ou si vous êtes insatisfait de soins ou de services reçus dans un établissement, il est de votre droit de porter plainte.

Il arrive souvent que les gens se disent : « À quoi bon porter plainte, cela ne servira à rien ? » Détrompez-vous ! Porter plainte est un geste constructif qui permet d’assurer le respect de vos droits, de corriger une situation donnée, d’améliorer collectivement la qualité des soins et des services offerts dans le réseau de la santé, et d’éviter parfois qu’une erreur ou un manquement ne se répète.

Quelques exemples
Beaucoup d’aînés et s’usagers du réseau de la santé ne connaissent pas suffisamment leurs droits et acceptent, dès lors, des situations ou des interventions qui n’ont pas lieu d’être. Saviez-vous, par exemple, que vous avez le droit de choisir votre médecin, et même de demander un second avis ? De refuser à tout moment un traitement ou une partie de celui-ci ? De vivre dans un milieu de vie sécuritaire ? Que les centres d’hébergement et de soins de longue durée (CHSLD) ou les résidences privées pour aînés (RPA) doivent prendre toutes les dispositions nécessaires pour garantir cette sécurité ? Ou encore, que vous avez le droit d’être traité avec dignité par l’ensemble des professionnels du réseau ? Ce qui implique, entre autres, que vous n’avez pas à subir de pression ou d’intimidation ni à être la victime de faits de négligence.
Si vous avez vécu des situations semblables et que vous pensez que vos droits n’ont pas été respectés dans ces circonstances, n’hésitez pas à porter plainte !

À qui s’adresser ?
Votre plainte doit être adressée au Commissaire aux plaintes et à la qualité des services de l’établissement concerné. Si la plainte est de nature médicale, le commissaire se chargera de l’acheminer au médecin examinateur de l’établissement.

Le commissaire aux plaintes ou le médecin examinateur a pour mission de traiter votre plainte et d’émettre ensuite des conclusions, accompagnées le cas échéant de recommandations, dans un délai maximal de 45 jours.

Un second recours est-il possible ?
Si vous êtes insatisfait des conclusions émises par le commissaire ou le médecin examinateur, vous pouvez exercer un recours auprès du Protecteur du Citoyen ou du Comité de révision (pour les plaintes médicales).

Vous n’êtes pas seul dans votre démarche
Un tel processus peut avoir l’air complexe, mais vous n’avez pas à le réaliser seul. Pour vous assister et vous accompagner dans votre démarche de plainte, vous pouvez en tout temps demander l’aide du Centre d’assistance et d’accompagnement aux plaintes (CAAP) de votre région. Les conseillers des CAAP sont disponibles pour vous écouter et vous informer, clarifier avec vous l’objet de votre plainte et la rédiger au besoin. Si vous le souhaitez, ils vous accompagneront également aux rencontres avec les personnes chargées de traiter votre plainte.

Pour joindre le CAAP de votre région, composez le numéro sans frais : 1 877 767 2227. Les services sont gratuits et confidentiels !

La section Mon répertoire du blogue vous offre également une liste des différents organismes qui pourront répondre à vos questions.

Rédaction : Nathalie Dubois
Directrice adjointe
Fédération des Centres d’assistance et d’accompagnement aux plaintes (FCAAP)

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  164. J’aimerais témoigner de mon expérience de «personne âgée».
    Professeur retraité, j’ai 75 ans, actif, (gym, longues marche en couple, bon vivant, sorties etc.).
    Je suis positif de nature et d’humeur joviale; avide d’apprendre et de découvrir, je lis beaucoup et je fais beaucoup de recherches sur de nombreux sujets qui me passionnent.
    J’ai une vie des plus satisfaisantes, à tous les égards mais depuis 2 ans, je souffre de douleurs thoraciques nocturnes qui me réveillent après 3 à 4 heures de sommeil…
    Mon médecin de famille, que j’ai consulté, m’a, à mon grand étonnement, prescrit un antidépresseurs, que j’ai d’abord contesté puis cédant à son insistance, accepté de prendre puis comme cela ne réglait pas mon problème, bien évidement, il m’a prescrit d’autres antidépresseurs, puis des somnifères, qui me permettaient de dormir quelques heures mais ne réglaient pas le problème bien entendu.
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    Après de nombreux examens, effectués à ma demande et ne trouvant pas la cause de mes douleurs thoraciques nocturnes, j’ai consulté de nouveau mon médecin, qui sembla contrarié et fâché de mon insistance à trouver la cause de ces douleurs.
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    En conclusion : Lorsque le médecin ne trouve pas l’origine de votre maladie, cela signifie pour lui que vous avez des troubles de la mémoire ou que vous êtes une personne fragile mentalement!
    Je suis curieux de savoir si d’autres « personnes âgées», ont vécue une expérience de ce genre.

    1. Bonjour M. Sinat,

      Nous voulons vous remercier de votre témoignage, qui demande une grande ouverture de votre part. Nous espérons que d’autres personnes ,qui ont vécu la même chose, se manifestent et partagent leurs expériences.

      Au besoin, nous vous suggérons d’appeler au Centre d’assistance et d’accompagnement au plainte au 1-877-527-9339. Les intervenants seront en mesure de vous aider si vous voulez entreprendre des démarches pour trouver une solution à votre problème.

      En vous souhaitant une agréable journée,

      1. Bonjour Monsieur Sinat,
        Merci pour votre témoignage.
        Si vous voulez plus d’informations sur vos droits ou sur une éventuelle démarche de plainte, je vous encourage à appeler le Centre d’assistance et d’accompagnement aux plaintes (CAAP) de votre région au 1 877-767-2227. Les conseillers vous apporteront tout le soutien nécessaire. Leurs services sont gratuits et confidentiels.
        Nathalie Dubois
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        FCAAP

  165. C’est facile de dire cela. Les médecins, même s’ils ratent une intervention chirurgicale qui nous hypothèque pour le reste de notre vie sont protégés par de puissants et insensibles avocats. Le commissaire aux plaintes leur donne souvent raison. Se ruiner en frais d’avocat… sans pouvoir aller au bout faute de moyens.. je connais

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