Can a Hospital Legally Refuse to Treat You in Canada?
When visiting a hospital in Canada, is there a chance you could be refused care? The idea of this may plague you with anxiety when entering the hospital, but rest assured that refusing care is not an easy decision for a physician to make. In this article, we’ll explore Canada’s duty of care, and in what circumstances hospitals in Canada could refuse to provide care to patients.
Can a Hospital Legally Refuse to Treat You in Canada?
For the most part, no. Hospitals have a legal and ethical duty to administer emergency care when a patient needs it. To be defined as emergency care, the patient's life or general health must be at risk.
Regardless of health card status or whether you can afford the out-of-pocket costs, a physician cannot deny care.
The only cases in which a hospital will refuse care is:
If a patient has become threatening and violent.
Treating the patient will cause ethical concerns, like violating do-not-resuscitate orders.
If the treatment a patient needs is outside the hospital’s scope (For example, if the hospital lacks the medical equipment you need). In which case, they would transfer you to another, more suitable hospital.
While a hospital may make you wait for treatment, that is usually caused by capacity issues, and is not an example of the hospital refusing care.
Non-Emergency Care in Hospitals
Opposite of emergency care, non-emergency care indicates a situation where the patient needs medical treatment of some kind, but their life is not in immediate danger. Some examples of non-emergency health situations include:
Minor illnesses or symptoms of an illness, such as a cold, the flu, acid reflux, minor headaches, a UTI, or pink eye.
Minor injuries such as a first-degree burn, sprain or strain, small cuts, or a concussion.
Most psychological issues, though suicidal thoughts, self-harm, or a threat to harm others will be considered emergency situations.
While a hospital’s main purpose is to handle emergency medical situations, many still go to the hospital to treat a non-emergency situation. In most cases, the hospital will help you anyway, but they do have the ability to refuse care in a non-emergency situation if it’s necessary.
When to and When not to Go to the Emergency Room
Where to Receive Non-Emergency Care in Canada
Most non-emergency situations can be dealt with outside of the hospital. If you’re facing a health issue that is not an emergency, here’s where you should go:
To your family doctor, if you have one. Many doctors in Canada have long wait times before an appointment, so this is the best option if you’re experiencing a health issue that doesn’t require immediate attention. As soon as you notice there’s a problem, you should book an appointment with your doctor before it escalates.
To your closest walk-in clinic. If you don’t need immediate intervention, but also can’t wait for an appointment with your doctor, the walk-in clinic is an option for receiving same-day care.
To an urgent care centre. Urgent care centres are designed for medical situations that do not require a trip to the emergency room, but are urgent enough to need same-day care. Urgent care centres are known for shorter wait-times and more affordable care than hospitals, making them a better option for those who aren’t covered by public health insurance.
If your condition is more serious, your family doctor, walk-in clinic, or urgent care centre will tell you if you need to go to the hospital.