medical malpractice lawyer file complaint doctor

When patients in New York believe they have received substandard care from a doctor, they have the right to file a complaint to address their concerns and hold the healthcare provider accountable for their actions. Filing a complaint against a doctor in New York involves specific procedures and guidelines to ensure a thorough investigation and appropriate resolution.

Step 1: Hire a New York Medical Malpractice Attorney

Before filing a complaint, it’s prudent to hire a qualified and experienced New York medical malpractice lawyer to guide you through the process, protect your rights, and ensure the proper handling and resolution of your complaint. An attorney will assist you in gathering relevant information and documentation, determining the appropriate authority to file the complaint, and navigating the complex legal procedures involved in filing a medical malpractice complaint in New York.

Step 2: Gather Relevant Information and Documentation

Your medical malpractice attorneys in New York City will help you gather all relevant information and documentation related to the incident, including:

  • Doctor's Information: Full name, medical license number, and contact details of the doctor.
  • Medical Records: Copies of medical records, prescriptions, test results, and any other relevant documents.
  • Incident Details: A detailed account of the incident, including dates, locations, and specific actions or behaviors of the doctor that led to the complaint.
  • Witness Information: Names and contact details of any witnesses who can corroborate your account of the incident.

Having comprehensive and well-organized documentation will strengthen your complaint and facilitate a more thorough investigation by the appropriate authorities.

Step 3: Determine the Appropriate Authority to File the Complaint

In New York, there are several authorities and organizations where you can file a complaint against a doctor, depending on the nature of the complaint and the severity of the alleged misconduct. Your NYC medical malpractice lawyers will guide and assist you with the process.

New York State Department of Health (DOH)

  • Role: Regulates and licenses healthcare professionals in New York.
  • Complaints: Allegations of professional misconduct, unprofessional conduct, or incompetence.
  • Contact: Online complaint form on the DOH website or by mail to the Office of Professional Medical Conduct (OPMC).

Office of Professional Medical Conduct (OPMC)

  • Role: Investigates and disciplines licensed physicians in New York.
  • Complaints: Allegations of professional misconduct, negligence, or unethical behavior.
  • Contact: Online complaint form on the OPMC website or by mail to the OPMC office.

New York State Education Department - Office of the Professions (OP)

  • Role: Licenses and disciplines healthcare professionals, including physicians.
  • Complaints: Allegations of professional misconduct, incompetence, or unethical conduct.
  • Contact: Online complaint form on the OP website or by mail to the OP office.

Hospital or Healthcare Facility

  • Role: Manages and oversees the conduct and behavior of healthcare professionals within the facility.
  • Complaints: Allegations of negligence, malpractice, or unethical behavior by a doctor practicing within the facility.
  • Contact: Patient relations department or administration office of the hospital or healthcare facility.

Health Insurance Provider

  • Role: Manages and oversees the quality and standard of healthcare services provided to their policyholders.
  • Complaints: Allegations of substandard care, overbilling, or unethical behavior by a doctor participating in the health insurance network.
  • Contact: Customer service department or complaint hotline of the health insurance provider.

Step 4: File the Complaint

Once you have gathered all relevant information and determined the appropriate authority to file the complaint, you can proceed to submit the complaint. Your medical negligence lawyer New York will help you file a complaint using one of the following methods:

Online Complaint Form: Many authorities and organizations provide online complaint forms on their official websites, allowing you to submit the complaint electronically.

Mail or Fax: You can also send the complaint by mail or fax to the respective office or department. Ensure to include all necessary documentation and information to support your complaint.

Filing a Complaint against a New York Doctor by Phone

If you prefer to file a complaint against a New York doctor by phone, you or your medical malpractice lawyer in NYC can contact the New York State Department of Health, specifically the Division of Professional Medical Conduct, at (800) 663-6114. The phone lines are open from Monday to Friday, between 8 AM and 4:45 PM.

Instructions for Completing Complaint Form

To file a complaint against a physician (M.D. or D.O.), P.A., or Specialist Assistant licensed to practice medicine in the State of New York, you should complete the provided complaint form. Once completed, mail the original form to the following address:

NYS Department of Health

Office of Professional Medical Conduct

Riverview Center

150 Broadway,

Suite 355 Albany,

New York 12204-2719

If you have any questions or concerns about filling out the form, reach out to the Office of Professional Medical Conduct (OPMC) at (800) 663-6114 or (518) 402-0836.

Trained staff members will review the information you provide, and OPMC will investigate all matters of potential professional misconduct. If your complaint pertains to another office, it will be forwarded to the appropriate office to address your concerns.

To ensure a thorough review of your complaint, your med mal attorney New York will ensure that the following guidelines are followed:

  • Type or legibly print your information in ink.
  • Provide a detailed description of your complaint.
  • Include the names of any witnesses involved.
  • Specify any other agencies with whom you have filed a complaint.
  • If necessary, attach additional pages to fully explain your complaint.
  • Include copies of any supporting documents. Please do not send original documents.
  • Sign and date the completed form before mailing it to the OPMC.

By following these instructions, you can effectively submit a complaint to the New York State Department of Health's Office of Professional Medical Conduct and initiate an investigation into potential professional misconduct by a licensed medical practitioner in New York.

Step 5: Follow-Up and Cooperation with the Investigation

After filing the complaint, it is important to follow up and cooperate with the investigation conducted by the relevant authority. This may include:

  • Providing Additional Information: If requested by the investigating authority, provide any additional information, documentation, or testimony to support your complaint.
  • Attending Hearings or Interviews: Attend any hearings, interviews, or meetings scheduled by the investigating authority to discuss the complaint and provide further details or clarification as needed.
  • Seeking Legal Advice: Continue to consult with your New York med mal attorney throughout the investigation process to ensure your rights are protected and to guide you on how to respond to any requests or inquiries from the investigating authority.

New York Laws Related to Filing a Complaint Against a Doctor

Filing a complaint against a doctor in New York involves navigating through specific laws and regulations that govern the practice of medicine and the responsibilities of healthcare providers. Understanding these laws is vital to ensure a proper and effective complaint process.

New York Medical Malpractice Statute of Limitations

Section 214-a of the New York Civil Practice Law and Rules (CPLR) sets the statute of limitations for filing a medical malpractice lawsuit in New York. Generally, you have two and a half years from the date of the alleged malpractice or from the end of continuous treatment by the doctor to file a lawsuit. It is essential to consult with a New York medical malpractice attorney to understand the specific deadlines that apply to your case.

New York State Public Health Law

Section 230 of the New York State Public Health Law establishes the authority and responsibilities of the New York State Department of Health (DOH) in regulating and licensing healthcare professionals in New York. The DOH oversees the Office of Professional Medical Conduct (OPMC), which investigates and disciplines licensed physicians for professional misconduct, negligence, or unethical behavior.

New York State Education Law

The New York State Education Law defines the practice of medicine and establishes the qualifications and requirements for obtaining a medical license in New York. The law sets the standards and expectations for healthcare providers and outlines the grounds for professional discipline and misconduct.

Office of Professional Medical Conduct (OPMC) Regulations

The OPMC is responsible for investigating and disciplining licensed physicians in New York and operates under the authority of the New York State Department of Health (DOH). The OPMC investigates complaints of professional misconduct, negligence, and unethical behavior by physicians and can impose disciplinary actions, including license suspension or revocation, fines, and other penalties.

FAQs on Filing a Complaint with the Office of Professional Medical Conduct (OPMC)

What is the role of the Office of Professional Medical Conduct (OPMC)?

The Office of Professional Medical Conduct (OPMC) is committed to safeguarding the public by investigating professional discipline issues involving physicians, physician assistants, and specialist assistants. OPMC handles the investigation of all complaints of misconduct, organizes disciplinary hearings that may arise from these investigations, and oversees the monitoring of physicians whose licenses have been reinstated after a temporary surrender or who are on probation due to disciplinary actions. All reports of misconduct filed with OPMC are treated as confidential.

What constitutes medical misconduct?

Medical misconduct encompasses a range of behaviors, including but not limited to:

  • Practicing fraudulently
  • Demonstrating gross incompetence or negligence
  • Practicing while impaired by alcohol, drugs, or physical or mental disability
  • Being convicted of a crime
  • Filing a false report
  • Guaranteeing a cure from treatment
  • Refusing services based on race, creed, color, or national origin
  • Performing unauthorized services
  • Harassing, abusing, or intimidating a patient
  • Ordering excessive tests
  • Abandoning or neglecting a patient in need of immediate care

With that said, certain complaints do not fall under OPMC's jurisdiction, such as fee disputes (unless they involve fraud) and complaints about a physician's demeanor. For detailed definitions, refer to State Education Law, Sections 6530 and 6531.

Will I need to be interviewed or testify about my complaint?

Typically, the complainant is interviewed, which is generally conducted over the phone but may be in person in certain situations. If a disciplinary hearing is convened, the complainant may be asked to provide testimony. Your medical malpractice lawyer NY can assist you or represent you as appropriate.

Are there any previous complaints against my physician?

Complaints against physicians become public information only when they result in a statement of charges or a final disciplinary action. To check if a physician has faced disciplinary action, visit the physician search screen on the OPMC website. This platform offers a list of all disciplined physicians, physician assistants, and specialist assistants since 1990. Alternatively, you can call OPMC at 1-800-663-6114 to inquire, and there is no fee for this service.

How can I verify if my physician is licensed in New York State?

To verify the licensing status of a physician in New York State, contact the State Education Department at:

State Education Department

SED Building, 2nd Floor Albany, NY 12234

Phone: 518-474-3817

Website: www.op.nysed.gov

The State Education Department can also provide information about where a physician attended medical school.

What Happens After You File a Complaint against a Doctor in New York?

Upon receiving a written complaint, the Office of Professional Medical Conduct (OPMC) undertakes a thorough review conducted by investigative and medical experts. All complaints are handled with the utmost confidentiality. Given the gravity of a misconduct charge, sufficient evidence of a potential violation must be present before proceeding to a hearing.

If the investigation reveals enough evidence, the case is presented to an investigative committee, which may recommend any of the following actions to the Director: conducting a hearing, further investigation, dismissing the matter, or issuing non-disciplinary warnings or consultations.

If the investigation fails to uncover enough evidence of misconduct, the case is closed, and the investigation record is retained in the OPMC files for potential future reference. Both the complainant and the physician are notified via letter about the outcome. Taking this into account, if the investigation committee finds credible evidence of misconduct, charges are filed against the physician.

Subsequently, a disciplinary hearing is conducted before a committee of the Board for Professional Medical Conduct. This board comprises physicians, physician assistants, and lay members who play significant roles in the disciplinary process by serving on various committees, including investigation, hearing, and license restoration committees. The hearing committee, consisting of two physicians and one layperson, determines the physician's guilt or innocence and imposes an appropriate penalty. Either the licensee or the Director of OPMC can appeal the decision to an Administrative Review Board.

The Board for Professional Medical Conduct holds the authority to revoke or suspend a physician's license, limit the physician's license, issue a censure and reprimand, mandate education and/or retraining, impose a fine, or require community service. However, the board cannot instruct a physician to reimburse a patient, modify a diagnosis, or change an opinion.

Effective from November 3, 2008, charges filed against a physician, along with the board's Determination and Order concerning all charges, are made public. You can use the Physician Search feature to find information about disciplinary actions taken against individual physicians.

Choose Experienced New York City Medical Malpractice Attorneys to Fight for Your Rights

Filing a complaint against a doctor in New York is a key step to address concerns about substandard care, professional misconduct, or unethical behavior and hold healthcare providers accountable for their actions. By hiring a qualified medical malpractice lawyer New York, you can effectively file a complaint and pursue appropriate action against a doctor in New York.

If you or a loved one has suffered an injury due to medical negligence in New York, you do not have to pursue the complex legal process alone. With over a century of combined experience and a legacy of securing over $1 billion in settlements and verdicts for injured New Yorkers, Rosenberg, Minc, Falkoff & Wolff, LLP is the trusted name in medical malpractice law.

Recognized as top-rated New York City medical malpractice attorneys and known for our devotion to helping people recover the compensation they deserve, our team has a success rate of over 95%. We are dedicated to fighting for the justice and maximum compensation you are entitled to. Let us advocate for your rights and interests with the tenacity and compassion you deserve. To schedule your free consultation, call us at 212-344-1000 or contact us online.

MANHATTAN LAW OFFICE

122 East 42nd Street Suite 3800
New York, NY 10168

Tel: 212-LAWYERS

Tel: 212-697-9280

MAP »

QUEENS LAW OFFICE

8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only

MAP »

BRONX LAW OFFICE

220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only

MAP »

BROOKLYN LAW OFFICE

1002 Dean St
Brooklyn, NY 11238

Tel: (516) 410-4445

*By Appointment Only

MAP »