# 2021-220 Medical and Dental Care, Medical treatment

Case summary

F&R Date: 2023-03-01

The grievor claimed that they were misdiagnosed by Canadian Armed Forces (CAF) medical staff who failed to take reasonable precautions following the grievor's medical examination. As a result of the missed diagnosis, the grievor argued that appropriate care was neglected or delayed, which caused increased pain and suffering and impacted their current and future physical and economic well-being.

The Surgeon General, Canadian Forces Health Services Group, acting as the Initial Authority, rejected the grievance, finding that it was submitted outside of the prescribed time limit in article 7.06 of the Queen's Regulations and Orders for the Canadian Forces.

The Committee found that the service identified by the grievor as one that should have been offered, was not an approved benefit under the CAF Spectrum of Care at the relevant time. At the Committee's request, the Directorate of Quality and Performance (DQ&P) conducted a review of the medical services that were provided to the grievor and concluded that the grievor had been treated in accordance with clinical best practices and applicable policy. The Committee found that the DQ&P quality of care review was thorough and reasonable and that it fulfilled the grievor's request for a review of the clinical care that they had received. With respect to the grievor's ongoing medical needs, the Committee found that they were no longer the purview of the CAF given that the grievor had been medically released and had pursued a disability award from Veterans Affairs Canada.

The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress.