canada health mental-health
In Canada is it legal for a doctor not to be able to do something they should know?
<p>This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there while they're free. I went to see a counselor who said he thinks I have autism as I've been perseverating over a past event and seemed to not be doing well socially (for example when he asked me if I had any romantic interests, "I didn't clearly answer the question"). He told me to seek one of the university psychiatrists.</p>

<p>I tried, but found out the psychiatrists weren't comfortable with diagnosing adult autism because they hadn't done it in a while.</p>

<p>Is it legal for a doctor not to see someone because they don't feal skilled enough to help them (in an area they're supposed to be)? Is it legal for a psychiatrist to not see someone who thinks they may have autism? Is it legal for the councillor to make such a stupid statement that I have autism because I don't have a girl friend :P</p>

<p>Just to be clear the psychiatrists did "refuse" to see me as they didn't feel they new how to diagnose autism. I find this hard to believe, isn't that like saying you went to the dentist to have a cavity fixed but he didn't know how to do it (I know this is illegal as a dentist is required to know how to treat, at least basic, cavities in order to hold a dental licence). Autism isn't a rare mental illness so I would guess a psychiatrist needs to know about it to hold his licence? </p>

<p>Doctors are obliged to act in the best interest of their patients. If it would be in your best interest to see another doctor (due to the doctor being out of practice for that particular diagnosis), your current doctor would be obligated to tell you and refuse treatment.</p>

<blockquote>
  <p>The physician‑patient relationship is fiduciary in nature and certain duties arise from that special relationship of trust and confidence.  These include the duties of the doctor to act with utmost good faith and loyalty[.]</p>
</blockquote>

<p><a href="http://www.canlii.org/en/ca/scc/doc/1992/1992canlii57/1992canlii57.html?autocompleteStr=McInerney%20v.%20MacDonald&amp;autocompletePos=1" rel="nofollow">MvInerney v. MacDonald</a></p>

<p>Now, onto your question about the counselors assessment; probably not worth it's weight in salt. They likely have little to no training regarding diagnostic medicine and are by no means an expert. </p>
