Tucson: 520.571.9700 Yuma: 928.723.0088 Phoenix: 602.402.5207


How to report medical negligence

By Karnas Law Firm |

You can file a complaint against a doctor whose conduct impacts your health, but you should know the difference between medical malpractice and administrative complaint. It is best to understand how to file an administrative complaint and know when to bring it to a law court.

You may complain about a doctor who misdiagnosed you, one who is careless with the treatment plan, working under drug influence, sexual misconduct, altering records, and practices medicine without a license. However, you should consult Tucson medical negligence lawyers who will guide you on reporting medical neglect. Here is how to file a medical neglect suit in law courts.

Identify a Medical Malpractice

Does Health Insurance Cover Car Accidents?When the simple complaint you have against a doctor, hospital, or medical device affects your health, you can consider reporting the case. Valid medical malpractice will show the doctor violated the care duty recognized by law. However, you should prove the harm would not have happened without the neglect.

The injury should have significant damage like:

  • Pain and suffering
  • Loss of income
  • High medical bills

Your attorney will review the case if it is worth pursuing as the medical malpractice lawsuits are expensive due to the expert testimony required to gather sufficient testimony.

Limitations on Medical Malpractice Lawsuits

The statute of limitations would determine the time you have to file a lawsuit, and it ranges from a year to three years from the injury date. When you file a lawsuit against the doctor, the medical board will revoke their medical license.

Know the Legal Definition of Negligence

Ryan v. State: The Abolition of Broad Tort Immunity | karnas law firmAlthough you can report medical neglect, your complaint might not be taken seriously if it does not fall under the legal definition of neglect.

Remember, almost all medical operations might be life-threatening, and your doctor might inform you of the possible effects of the procedure.

Additionally, if a person is harmed or dies while undergoing a medical procedure, it does not mean the doctor neglected their health.

Avoid Defamation Lawsuit

You should choose words that do not tarnish the doctor’s reputation when filing a complaint, as the words used to describe the case can easily be classified as defamation. The damage of irresponsible reporting of medical neglect can last long and make your case seem like an attack on an innocent doctor.

Consider the Costs Involved In Making a Complaint

paper/caculation | karnas law firmMost of the costs involved in making a claim are used to gather evidence. You may need to get new scans to obtain the medical records from the operation and undergo further medical tests. You may need to hire an expert who will interpret the medical results.

Again, you would need to pay an attorney who represents your medical negligence case. If the costs outweigh the benefits from reporting the medical negligence, you can forgo reporting the issue.

Final Thoughts

If you are a victim of medical negligence, you can complain to the doctor and hospital and report the neglect in court. You deserve to get compensation for the loss at the doctor’s hands. However, many medical procedures can be life-threatening, and your doctor will inform you of possible side effects.

Even if you suffer due to medication side effects, it does not mean you experienced neglect. Analyze the experience and determine if it is neglect first before opting for reporting the negligence.

Call Today! (928) 723-0088

Posted in Uncategorized and tagged