What Happens When You File A Complaint Against A Doctor? '25
Summary
- If a doctor commits misconduct, you can file a medical board complaint
- Boards investigate the doctor’s conduct and decide on consequences
- If you suffered harm, you might file a medical malpractice lawsuit as well
When you go to the doctor, you count on receiving quality care. However, some doctors cause harm to patients through negligence, carelessness or inappropriate behavior.
If this happens to you, you may have legal recourse. What happens when you complain about a doctor? Here’s a look at how to file a complaint against a doctor and what to expect if you do so.
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Why Would You File a Complaint Against a Doctor?
There are many possible reasons to file a complaint against a doctor. These are some examples:
- Your doctor misdiagnoses or fails to diagnose a serious medical condition
- Your doctor does not meet the standard of care when treating you
- Your doctor is practicing medicine without a license
- Your doctor prescribes the wrong medication or the wrong dose
- Your doctor delays medical treatment for no valid reason
- Your doctor sexually harasses you or otherwise acts inappropriately
- Your doctor performs treatment while intoxicated
In some cases, a doctor may abruptly terminate the doctor-patient relationship without helping the patient find alternative care. This is known as patient abandonment, and it can have devastating consequences for your health if you have a serious medical condition.
How Do You File a Complaint Against a Doctor?
Are you wondering what to do when a doctor mistreats you? In many cases, the best first step is to file a complaint. If you decide to take this step, you can start with your state’s medical board.
The exact process for filing depends on your state. In some states, you can file your complaint using an online portal. You will likely fill out a standardized form. In addition to your contact information and an explanation of what happened, you might also include supporting documentation.
Depending on your state and the nature of your claim, you might be able to file an anonymous complaint. However, because anonymous complaints are much harder to investigate, boards may have trouble imposing consequences.
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What Happens When You File a Grievance Against a Doctor?
What happens when you file a complaint against a doctor? Once you file a complaint with the state’s medical board, the board will conduct an investigation. It may also inform the healthcare provider of the complaint and give them an opportunity to create a defense.
If the board determines that there is evidence to support your complaint, it will decide on appropriate consequences for the doctor. The more serious the harm or misjudgment, the more severe the consequences are likely to be. These are some of the potential consequences:
- Fines
- Formal reprimand (a written warning)
- Probation (the board monitors the doctor for a set period)
- Restrictions on the provider’s medical license
- Suspension of their medical license
- Revocation of their medical license
The Federation of State Medical Boards (FSMB) maintains the Physician Data Center, a database of all disciplinary actions taken against practicing doctors. By filing a complaint and documenting the problem with the FSMB, you could protect other patients.
Is There Anything You Can Do Besides Filing a Complaint?
If you suffer tangible losses (like the cost of additional medical treatment) as a result of your doctor’s conduct, you might consider filing a medical malpractice lawsuit.
In a medical malpractice or dental malpractice claim, you allege that (1) a practitioner did not meet the standard of care and (2) you suffered harm as a result.
For your case to be successful, your lawyer must prove the elements of medical malpractice. Here is a summary of those elements:
- Your doctor had a duty to deliver medical care that met a professional standard
- Your doctor’s treatment did not meet that standard of care
- A reasonable doctor would not have acted the way your doctor did
- Your doctor’s actions caused harm (like worsening of a medical condition or undue stress)
- You deserve compensation for that harm
Here’s an example. Imagine that your doctor conducts a cancer screening that has some concerning results. The doctor says the screening was inconclusive and never schedules a follow-up, saying that you don’t need further testing. Later, you are diagnosed with late-stage cancer.
In this instance, you could have a viable malpractice case. Doctors have a duty to investigate whether a medical test suggests you may have cancer or another condition. Any reasonable doctor would carefully review these test results and recommend further screening.
Finally, a diagnosis of late-stage cancer comes with serious physical, economic and emotional harm — and these are all things that you can (and should) receive compensation for.
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What Kinds of Compensation Can You Receive?
If you win a medical malpractice case, there are two kinds of damages (compensation for losses) you can collect:
- Economic Damages: Reimbursement for monetary losses like medical bills or lost income
- Non-Economic Damages: Payment for non-monetary losses like loss of quality of life or physical pain
This area of the law is extremely complex. Sometimes, what seems like a strong malpractice case to an outsider can have serious weaknesses.
The only way to determine whether you have a valid case is to consult an attorney with experience in this area. Medical malpractice lawyers can quickly determine whether your case has a good chance of success.
Is It Time to Speak to a Medical Malpractice Lawyer?
In some cases, filing a complaint with your state medical board may be enough. However, if you have suffered financial losses as a result of your doctor’s actions, consider bringing your case to a medical malpractice attorney. The attorney can review what happened and discuss whether you have a reasonable chance of winning.
For medical malpractice lawsuits and any other lawsuit involving injuries, the attorney you choose has a significant impact on the outcome. At ConsumerShield, we connect people like you with qualified lawyers who help them seek justice for themselves and their loved ones. Contact us for a free case evaluation today.
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What Happens When You File A Complaint Against A Doctor? '25
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Frequently Asked Questions
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You can start by filing a complaint with your state medical board. In addition, you can speak to an attorney about filing a medical malpractice lawsuit.
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When you look at medical malpractice payouts by state, you’ll see that there’s a large amount of variation. The amount of your settlement will depend on the financial losses you suffered as well as the overall impact the doctor’s conduct has had on your quality of life.
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Usually, a state’s medical board will investigate the claim and take action as necessary. You may also file a lawsuit if you wish.