How to File a Complaint Against a Doctor

How to File a Complaint against a Doctor in New York

When you suffer injury because of non-standard health care practice in New York, you may have grounds for a lawsuit. Any number of health care professionals can be negligent, including a general practitioner, dentist, nurse, chiropractor, podiatrist, optometrist or psychologist. When medical negligence occurs, you should file a written report or fill out a complaint form. At Rich & Rich, P.C. our lawyers stand up for your rights and help you seek justice in cases involving medical malpractice.

New York process for filing a complaint

In New York, the Office of Professional Medical Conduct (OPMC) and the Board for Professional Medical Conduct investigate and adjudicate complaints about physicians, their assistants, specialist assistants and unlicensed resident physicians. The Board has the authority to discipline physicians, and every year it disciplines hundreds of New York physicians.

When filing a complaint about a physician, you must mail your written letter or completed complaint form to the New York State Department of Health. However, when complaining about other medical professionals (dentists, nurses, etc.), you must send your complaint to the Office of Professional Discipline. The New York State Department of Health has forms available online.

Information that points to negligence, incompetence or unethical practice includes facts such as:

  • Refusing to provide medical care based on race, color, creed or national origin
  • Ordering excessive tests or treatments
  • Refusal to make records or x-rays available to the patient or upon another physician's request
  • Performing professional services without the patient's consent
  • Guaranteeing a cure
  • Treating patients while intoxicated or under the influence of drugs
  • Harassing, abusing or intimidating a patient

Why you should file a complaint

The main reason for filing a complaint is to seek justice and prevent others from experiencing similar harm. Having authorities investigate the matter and find evidence can also help substantiate medical malpractice in a lawsuit.

Potential results of filing a complaint

Reports remain confidential. Once the matter reported is investigated, if there is sufficient evidence, the matter goes to the investigating committee. The investigating committee can call for a hearing, additional investigation, dismissal of the issue or non-disciplinary warnings or consultations. When the committee finds misconduct, the board holds a disciplinary hearing. The board can revoke or suspend a physician's license to practice medicine, limit the practice, censure or reprimand, order education or training, levy a fine or require community service. The board cannot order the physician to reimburse the patient.

To seek compensation for injuries, you must file a lawsuit and an experienced medical malpractice lawyer can help you pursue case. Medical malpractice can take many forms, including the failure to diagnose, failure to order medicine and failure to refer.

Don’t wait. Contact Rich & Rich, P.C. today

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