What Is the QCIPA 2016 (Quality of Care Information Protection Act)?
In Ontario, medical malpractice claims, especially those tied to healthcare institutions, make up a major portion of personal injury lawsuits.
In fact, a recent study revealed that between 2022 and 2023, 1 in 17 hospital stays across Canada involved at least one harmful event (about 146,000 out of 2.4 million stays). Common causes include medication errors, surgical site infections, and procedural complications.
To address these issues, the QCIPA 2016 (Quality of Care Information Protection Act) was established to govern how healthcare personnel collect, use, and share information about the quality of care provided.
This piece of legislation helps protect patients by offering a structured framework that provides insights into where healthcare failures occur and ensures that proper communication and accountability measures are enforced. Still, how effective is this Act?
This blog breaks down what the QCIPA 2016 entails, how it applies to medical negligence cases, and why it is a powerful tool for a birth trauma lawyer when fighting for the justice you deserve.
Understanding the QCIPA 2016
The QCIPA 2016 Act was enacted in Ontario for patient care through the creation of a transparent environment with hospitals and healthcare facilities
Its primary purpose is to allow healthcare providers to collect, use, and protect sensitive information during quality-of-care evaluations, without fear of the data being used against them in lawsuits.
In practice, quality-of-care evaluations involve analyzing several aspects of care, such as patient outcomes, compliance with clinical guidelines, patient safety protocols, and much more. These assessments aim to measure how medical institutions and professionals deliver care in line with established practices.
The Act was established to improve patient safety through the creation of a safe space for hospitals, clinics, and physicians to internally discuss and share medical errors they made and learn from these mistakes without the fear of punishment, such as litigation.
However, the QCIPA received criticism for focusing more on protecting hospitals than helping families during medical incidents.
When doctors and healthcare providers review medical mistakes internally, these conversations are shielded by the Act; that is, they cannot be used in court. Families keen on seeking justice might not have full access to all the information about what went wrong during treatment.
The Amendment
The growing call for change led to an amendment structured to improve communication and transparency in the healthcare system.
These changes specified the need for patient and family involvement in the process of reviewing medical care accidents. It mandated that healthcare providers communicate openly with patients and their families after medical errors or adverse events.
This means that families are now entitled to clearer explanations regarding what went wrong during medical care, especially in cases of serious incidents, such as birth trauma or surgical errors. Through sharing relevant information about medical errors, the amendments aim to promote a culture of openness that prioritizes patient safety.
Notably, the Act also works alongside other Ontario laws, including the Health Care Consent Act and the Excellent Care for All Act, which reinforce the importance of patients’ consent and continuously strive for improvement and accountability in the healthcare industry.
Criticism of the QCIPA (Post-Amendment)
The 2016 amendment to the QCIPA introduced changes, particularly in mandating clearer communications between healthcare providers, patients, and their families after a medical error. These changes were designed to provide transparency and ensure that families were better informed about what happened during care.
However, despite these positive strides by the Ontario government, some families may still feel that they are left in the dark about certain issues.
One lingering concern is that, while physicians are now required to communicate openly, families may experience delays in receiving complete information, especially in cases involving a serious medical incident.
For instance, families dealing with birth trauma or other medical malpractice often face challenges in understanding exactly what went wrong, even after the amendment. While the QCIPA creates a pathway for open discussions, the reality is that its execution may not always meet families’ expectations for full transparency.
We Can Help You Fight Against Medical Injustice
When a child is harmed during the birth or checkup process due to medical mistakes, the impact on families is profound, as they face emotional pain, high medical bills, and the uncertainty of their child’s future. Without medical legal representation, such as a birth trauma lawyer, the family may find it difficult to gather the necessary evidence to hold the hospital fully accountable.
Sommers Roth & Elmaleh are experts in birth trauma cases, helping Ontario families who have experienced birth-related medical errors. With our deep knowledge of medical malpractice law, our team of legal experts can skilfully navigate through legal barriers, such as the QCIPA.
While the QCIPA can protect certain private conversations within hospitals, it doesn’t block access to critical documents like medical records, test results, and the decisions doctors made during care. We know exactly how to gather these key pieces of evidence to build a strong case.
With over 40 years of experience, we stand out as one of the leading medical malpractice law firms in Ontario. With a long list of accolades and cases won, our birth trauma lawyers have the tools to ensure that families receive compensation for their child’s ongoing medical needs, therapy, and support.
Your Path to Justice Starts Here
The QCIPA is important for families dealing with medical malpractice cases, such as birth trauma incidents, as it affects how information is shared.
If your child has been affected by birth injury, you don’t have to go through this phase alone. At Sommers Roth & Elmaleh, our team of birth trauma lawyers are always keen to help families untangle these legal complexities and fight for the compensation they deserve.
For more information, call us at 1-844-414-0121 or contact us online for a free consultation on the next steps to achieving justice and securing the claim you deserve.
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