Harry, who was involuntarily detained under the Mental Health Act, reached out to our office after his request to have his family doctor provide a second opinion was denied.

In the course of our investigation, VCH informed us that Harry was assessed by two different physicians at the time of his admission to the hospital. We also learned that Harry’s request to have his family doctor provide a second opinion was considered but deemed to not be possible because his doctor did not have hospital privileges. Acquiring hospital privileges is a lengthy process that can take several months and thus was deemed to be impractical in Harry’s case.

Based on our review of several regulations and the Mental Health Act, we determined that a family physician, including those who do not have admitting privileges or a hospital permit to practice, has the right to provide a second opinion for patients who are  involuntarily detained.

As a result, we asked VCH to ensure staff are aware of the provisions of the Mental Health Act regarding requests for second opinions. We also asked VCH to write a letter of apology to Harry acknowledging his request should have been accommodated. VCH agreed to our recommendations.