How to file a complaint against a doctor

You likely have certain expectations when visiting your doctor or going to a hospital for medical care. It is reasonable to expect that you will be treated with a high degree of care, but, unfortunately, there are times a doctor will make an error. If that error violates a standard of care recognized by the law, it can result in medical malpractice.

It’s important to know the difference between how to file a complaint against a doctor and when to bring that complaint to a court of law. If you feel that your doctor or hospital has acted in a manner that justifies a complaint, we recommend reporting the doctor and/or hospital to the proper authorities ASAP.

Simply being frustrated because your doctor was not able to treat your condition is not grounds for filing a complaint. Sadly, there are instances when the best medical care cannot cure a patient’s condition. However, there are many valid reasons to file a complaint against a doctor.

Common complaints

Filing a complaint against a doctor with the medical board in your state is usually the first step in the complaint procedure. Legitimate complaints include, but are not limited to:

  • Medication errors
  • Diagnosis errors
  • Improper treatment/Delayed treatment 
  • Releasing a patient too early 
  • Altering records
  • Sexual misconduct

The specifics can vary from state to state, but when the board receives your complaint it will be entered into a system. The complaint will then be reviewed and referred to another agency, if warranted. The medical board may request any pertinent medical records. If so, you will be asked to sign a privacy waiver under federal law to allow the board to review your records as part of its investigation.

If you are the victim of a medical error, it’s important to file a complaint because it could serve as evidence should you end up filing a claim for medical malpractice or negligence. However, it can also help to protect others from becoming a victim of a similar error. 

Ways to make your voice heard

There are other ways to file a complaint against a doctor if you are a member of Kaiser Permanente. If you have an issue with the medical care or treatment received from one of the HMO’s doctors, nurses, or other health care professionals, you can find a complaint form on their website. 

Unfortunately, according to many of the online criticisms of Kaiser, filing complaints against Kaiser Permanente has little to no chance of resulting in a positive outcome. 

If you feel that you or a loved one has been injured or harmed due to an error involving negligence on the part of a Kaiser doctor, nurse, or other health care professional, you may have a claim for medical malpractice.  However, you are required to settle your case through their arbitration process instead of suing in a court of law.

Contact the office of Scott S. Harris, arbitration lawyer and medical malpractice attorney in San Diego, to schedule a free case evaluation.