Childbirth is one of life’s most transformative experiences. Families spend months preparing for labour and wondering what welcoming their baby into the world will look like. But, unfortunately for some people, the experience is overshadowed by feeling unheard, dismissed, pressured, or subjected to procedures they didn’t fully understand or consent to.
In the weeks that follow, some parents are left questioning what happened, including whether their rights were respected and what options exist if they experienced harm. While filing a complaint can’t undo a difficult birth, it’s important for accountability and validation as well as for systemic change.
Many parents are unaware that every healthcare facility has an official procedure for filing a complaint if they have experienced disrespectful treatment or encountered hospital practices that negatively impacted their birthing experience. Below, we explain how to file a complaint within the Quebec healthcare system and what families can expect during this process. Please note that this document outlines how to file a complaint with a healthcare facility; other types of complaints exist depending on the specific objective.
When Does a Birth Experience Warrant a Complaint?
A complaint should be considered when there was a significant gap between the care someone expected to receive and the care they experienced.
For some families, this may mean being denied the opportunity to stay with their newborn or to have a support person present during a cesarian section or recovery. Others may have faced comments or behaviors that made them feel ignored or intimidated when making decisions about their care.
Lack of informed consent is another common concern. In our past article Making a Complaint: When the System Fails, Amélie Blanchette, a birth doula, wrote several case studies. These will be used as examples in this article. For example, one features a mother who hesitated to give her baby vitamin K after birth.
“After giving birth, I hesitated to give my baby vitamin K. I wanted someone to explain what the treatment consisted of what its uses were; I was quickly told that without it, my baby could die and that I would be irresponsible not to give it to him.”
In response to the testimony, JosĂ©e Laperle, Executive Director of Laval’s Centre d’assistance et d’accompagnement aux plaintes (CAAP), explained, “The right to information was not respected here. The person giving birth didn’t have the space to give free and informed consent.”
Another scenario describes a person who consented to a cervical examination during a routine prenatal visit, only to later discover that her doctor had also performed a membrane sweep without her knowledge.
Communication during labor can also have lasting repercussions. In another example, AmĂ©lie presents a situation in which a woman giving birth was told, “You’re not pushing well, you need to listen to me! If you don’t push better than this, we’ll have to do a cesarian section, your baby is tired.”
Laperle emphasizes this type of interaction is “not acceptable and is an important element to highlight in the complaint.”
Many of these examples can also be considered obstetric and gynecological violence (OGV), when words and actions committed during care related to pregnancy, childbirth, and gynecological health are experienced as hurtful, unfair, disrespectful, discriminatory, or performed without consent.
Why Knowing Your Rights Is So Important
According to Sarah Landry, Coordinator at the Movement for Autonomy in Childbirth (MAE), understanding our rights is essential, as many people don’t realize they can ask questions or refuse interventions during medical care.
“Given that access to information is a right, it is essential that people are well informed so that they can question certain procedures, recommendations made by health professionals, or the explanations provided to them,” explains Ms. Landry.
People giving birth can request details about the care they receive and participate in decisions concerning their bodies and their baby’s. Consent must be informed, voluntary, and ongoing. It can also be revoked at any time.
But it’s not easy to defend your rights when you’re in labor, recovering from surgery, or caring for a newborn. Getting informed beforehand can help families better assess their experience and determine if filing a complaint is appropriate.
What to Do Before Filing a Complaint
Before starting the complaint process, it’s helpful to gather information and reflect on what happened. “It’s necessary to prepare to explain what was experienced and why it posed a problem,” says Landry.
People also have the right to request their medical records, which can serve as a reference document when reviewing the care, they received or contesting an interpretation.
Additionally, keeping personal notes, emails, photographs, discharge summaries, or observations shared by a partner, doula, or family member can also help support the complaint.
How to File a Complaint Within QuĂ©bec’s Healthcare System
Complaints can be made with the Complaints and Service Quality Commissioner. To do so, you must contact the Commissioner’s office associated with the hospital, birthing centre, CISSS, or CIUSSS where the care was received. Complaints can be submitted verbally or in writing and supporting documents can be included.
If the person filing the complaint is contacted for additional information at an inconvenient time, they have the right to request an appointment or ask to be called back later.
Once the complaint has been reviewed, the complainant will receive a response by letter. If they’re dissatisfied with the conclusion, they can contest the decision through the Québec Ombudsman.
Following changes to the Quebec law (LGSSSS) in 2023, it is also possible for a complaint to be filed by a third party, although not all institutions have yet implemented this practice.
There are also other avenues for recourse. Complaints involving physicians, nurses, midwives, physiotherapists, or other professionals can be submitted directly to the appropriate professional order. In some cases, families can pursue civil proceedings to seek financial compensation or file a criminal complaint.
Other avenues of recourse also exist. Complaints against doctors, nurses, midwives, physiotherapists, or other professionals can be filed directly with the relevant professional order. In some cases, families can pursue a civil lawsuit to obtain financial compensation or file a criminal complaint.
What to Expect from the Complaint Process
One of the greatest barriers to filing a complaint is simply finding the time and energy to do so. Understanding our rights and the different ways for recourse is a challenge for many people, and filing a complaint often benefits future families more than the person making it.
As Laperle explains, “In most cases, the benefits will be for others, because we may not receive the same service from the same person in the future… but if no one says it, no one knows it and nothing will change.”
Although complaints and service quality commissioners can make recommendations, they do not have the power to dismiss healthcare professionals or award financial compensation. Recommendations may include additional training, warnings to enforce existing protocols, or revisions to current practices and procedures.
CAAP notes that filing a complaint can help people make peace with their experience. Though filing a complaint can’t change the past, it can validate experiences and encourage accountability to improve care for future families. By sharing one’s story and having it documented and acknowledged without judgement, some people find it helps with healing.
“If we want the protocols, procedures, and even the working conditions of healthcare professionals to better reflect our needs and the realities of those giving birth, it’s necessary to name what is wrong and discuss it more collectively,” says Landry. While the process takes time and effort, speaking up will help ensure that people receive the respectful, informed care they deserve during childbirth and beyond.
