How to file a formal complaint against a doctor or hospital

All healthcare professionals must provide a standard of care to their patients. In other words, they have a duty to provide the appropriate or reasonable level of care to patients that another similarly competent and skilled healthcare professional in that specialty would provide.

Errors in treatment and dangerous practices on the part of a doctor or healthcare facility can have an immense impact on the welfare of patients and the overall efficiency of the healthcare system in our country. 

If you feel that your doctor or hospital has breached their standard duty of care due to negligence, you should report it to the appropriate authorities and/or regulatory board. Filing a complaint against a hospital or doctor can help protect other patients.  

In order to be successful at getting the result you want, you need to know how to file a complaint against a doctor or hospital. Depending upon what the complaint is, you may have a reason to file a medical malpractice claim if you were injured or harmed as a result of negligence on the part of your doctor or hospital.

Does this rise to the level of malpractice?

All medical errors should be reported to California’s state medical complaint board. They may or may not act upon the complaint depending upon the professional record of the doctor or hospital in question or whether the board has received similar complaints in the past.

You may also choose to report the complaint on consumer websites that permit patients to rank the quality of care that they received from a doctor or hospital. Because the state medical complaint board doesn’t generally make public all of the complaints they receive, consumer websites can be a very effective option for patients who want to inform others about their negative experiences.

But, when does filing a complaint against a doctor rise to the level of medical malpractice? Medical malpractice happens when a doctor, hospital, or other healthcare professional injures a patient through mistakes in treatment, diagnosis, or care after discharge that are the result of negligence.

Some examples of what qualifies as negligence on the part of a doctor of hospital include:

  • Misdiagnosis
  • Failure to diagnose
  • Medication errors
  • Surgical errors
  • Anesthesia errors
  • Performing unnecessary procedures
  • Discharging a patient too early or without the proper aftercare

Speaking to an attorney

If you feel that your doctor or hospital has erred due to negligence and if you have suffered harm as a direct result of that negligence, not only should you file a complaint, but you should contact an experienced medical malpractice attorney who will be able to review your case to determine whether it is valid or not.

Scott S. Harris, medical malpractice attorney in San Diego, has been getting results for clients involved in medical malpractice lawsuits for over 30 years. If you’re unsure as to whether your complaint is a valid medical malpractice claim, take a look at some examples of medical malpractice.