Suing A Doctor For Malpractice In NYC: Complaints Vs. Compensation Claims
Last updated on July 17, 2026
When you suffer injury because of healthcare in New York that didn’t live up to the required standard, you may have grounds for a lawsuit. Any number of healthcare professionals can be held negligent, including general practitioners, dentists, nurses, chiropractors, podiatrists, optometrists and even psychologist.
When medical negligence occurs, you should file a written report or fill out a complaint form. At Rich & Rich, P.C., our lawyers will stand up for your rights and help you seek justice in a medical malpractice case.
The Process Of Filing A New York Medical Malpractice 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 for Professional Medical Conduct 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 New York State Education Department’s Office of Professional Discipline (OPD). The New York State Department of Health has forms available online.
Information that points to negligence, incompetence or unethical practice includes acts such as:
- Refusing to provide medical care based on race, color, creed or national origin
- Ordering excessive tests or treatments
- Refusing 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
The Complaint Process Vs. A Civil Lawsuit
Before filing a complaint, you should consider speaking with a medical malpractice lawyer. A complaint may be an important step, but it is not the same as a lawsuit. The complaint process is administrative. It focuses on whether a doctor or other healthcare professional violated professional rules. A lawsuit is civil. It focuses on whether you can seek financial compensation for the injury you suffered.
This difference matters when you are dealing with medical bills, lost income, pain and suffering, or a serious change in your health. The OPMC may investigate a physician and, when supported by the facts, pursue discipline. However, that process does not make the doctor pay you damages. It also does not act as your personal legal claim for compensation.
A lawyer can help you understand whether your situation may involve both issues. You may have a reason to complain about a doctor’s conduct, and you may also have a possible New York medical lawsuit based on the harm caused by medical negligence. Speaking with an attorney first can help you avoid treating the complaint form as your only path forward when compensation may also be available.
At Rich & Rich, P.C., our lawyers can review what happened, explain the difference between a disciplinary complaint and a civil claim, and help you decide what steps may protect your rights in a New York City medical malpractice matter.
Civil Lawsuits For Financial Recovery
Filing a complaint may help bring attention to misconduct, but it does not provide compensation for your losses. If you are focused on suing a doctor in New York, you generally need to file a civil lawsuit, not only a complaint with the state.
A lawsuit may help you pursue compensation for the harm caused by nonstandard medical care. Depending on the facts, this may include additional medical treatment, hospital bills, lost wages, reduced earning ability, pain and suffering, and the long-term effect of an injury on your daily life. These issues may arise in medical malpractice cases in Manhattan, Queens, Staten Island, the Bronx or Brooklyn.
Not every poor medical result is malpractice. Some conditions are difficult to diagnose, and some treatments carry known risks. The issue is whether the provider failed to follow the accepted standard of care and whether that failure caused injury.
If you believe medical malpractice caused serious harm, our team at Rich & Rich, P.C., can help you look beyond the complaint form and determine whether you can pursue a civil malpractice claim.
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 reported situation is investigated, if there is sufficient evidence, the matter goes to the investigating committee. The committee can call for a hearing, additional investigation, dismissal of the issue or nondisciplinary 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 the case. Medical malpractice can take many forms, including the failure to diagnose, the failure to order tests and the failure to refer.
Don’t Wait To Contact Rich & Rich, P.C. About Your New York City Medical Malpractice Case
For assistance with determining whether you have a case and filing a complaint against a doctor, call us at 212-407-5570 or contact us online. We are conveniently located in Manhattan and on Long Island.