How to File a Complaint Against a Doctor or Hospital

Team of doctors saving a critical patient.

Healthcare providers have an ethical and legal responsibility to provide a specific standard of care to injured or ill patients. When they fail in this duty, and someone is harmed or killed as a result, they should be held legally and financially accountable. The victim or their family should get the answers they deserve and collect appropriate compensation for their losses.

Unfortunately, a vast number of medical errors go unreported. As a result, far too many patients suffer severe harm, worsening illness, or – in the worst-case scenarios – pass away due to negligent care.

If you suffered harm due to negligence or medical errors on the part of a healthcare provider in Arizona, it’s essential to know how to file a complaint. A formal complaint is often the first step in holding negligent health care providers accountable and protecting others from suffering as you have.

The trusted medical malpractice attorneys of the law firm of Mushkatel, Robbins & Becker, PLLC, have more than 50 years of combined experience empowering Arizona injury victims. Contact us today for answers to your most pressing questions in a free and confidential consultation.

When Should You File a Complaint About an Arizona Doctor?

Filing a complaint against a physician or medical facility can seem daunting, but it may be necessary in some cases. When doctors and hospitals fail to provide patients with appropriate care, their negligence may continue to have far-reaching impacts until someone has the courage to speak out.

If you know or suspect your provider committed any of the following types of negligence or medical errors, there’s a good chance a complaint is warranted:

  • Inadequate, improper, or careless treatments that left you with unnecessary pain, preventable infections, or additional injuries
  • Unexplained or suspicious delays in necessary medical treatments
  • Prescribing or administering too much or not enough medication or anesthesia
  • Administering incorrect medications or dosages
  • Practicing while under the influence of alcohol or intoxicating drugs
  • Inappropriate touching, advances, or other types of sexual misconduct 
  • Failing to adequately communicate with other doctors, nurses, or assistants
  • Practicing with a suspended license or no license at all
  • Mishandling, forging or altering patient medical records

 When Does a Complaint Become an Arizona Medical Malpractice Case?

Once you decide it’s time to file a complaint against a doctor or facility, your next step is to fill out a Complaint Form and submit it to the Arizona Medical Board. However, depending on the provider’s history, the board may or may not decide to pursue disciplinary action against them.

If the incident that led to your complaint was serious enough to cause you substantial harm, you might have grounds for a medical malpractice case. Medical malpractice occurs when providers deviate from appropriate standards of care and patients suffer injuries as a result.

To pursue a valid medical malpractice case, you must be able to demonstrate that your provider failed to observe the relevant standards of care for your condition. You must also show that you would not have suffered specific injuries if the provider had acted responsibly and that your injuries resulted in significant financial or personal losses.

If you believe you may have a medical malpractice case, you should speak to a knowledgeable attorney at Mushkatel, Robbins & Becker, PLLC, right away. Our lawyers can review the details of your situation and help you decide whether filing an insurance claim or lawsuit is the right move.

What is the Medical Malpractice Statute of Limitations in Arizona?

A statute of limitations is a particular type of law that imposes time limits on your ability to file certain types of lawsuits. When it comes to medical malpractice lawsuits, Arizona’s Statute of Limitations provides two years from the date when the malpractice occurred or the date when you discover or reasonably should discover you have grounds for a claim. While two years may seem like a significant amount of time, during this time your medical malpractice legal team will need to gather information to litigate your medical malpractice lawsuit. So, time is of the essence.

If you fail to file your lawsuit before the two-year deadline expires, the medical provider can move to have your case dismissed, and a judge will likely grant the request. An experienced medical malpractice attorney at Mushkatel, Robbins & Becker, PLLC, can help you determine the timeline for your case and avoid costly filing errors.

What Is the Federation of State Medical Boards Physician Data Center?

The FSMB stores the data it receives from state medical boards in the Physician Data Center, an online database with detailed profiles for licensed medical professionals with M.D., D.O., and P.A. designations. Each profile contains information about:

  • The provider’s education and training background
  • Any states in which the provider is licensed to practice
  • The provider’s board certifications
  • License denials, revocations, suspensions, losses, and reinstatements
  • Disciplinary and non-disciplinary probation restrictions
  • Consent orders
  • Fines, warnings, and other administrative actions
  • Exclusions and reinstatements for Medicare or Medicaid

If you plan to file a complaint or medical malpractice claim against a physician, it’s a good idea to check out their FSMB profile.

doctor being informed of a medical error

What Are Ways To Reduce Your Risk of Being a Victim of a Medical Error?

You can reduce your risk of serious injuries or illnesses due to negligent medical errors by:

  • Doing your research – As long as you don’t require emergency care, take your time to do some research before you schedule any appointments. Ask people you trust for recommendations, look into the backgrounds of any providers you consider, and read online reviews or testimonials to learn as much as possible.
  • Asking questions – When you speak to a provider, don’t be afraid to ask questions or admit when you feel uncertain. That can help you learn more about your condition, understand how the doctor intends to treat you, and hold them accountable for their actions.
  • Documenting everything – Any time you interact with a provider, take detailed notes of everything you discuss. That can help you remember small details later on and demonstrate how your treatment progressed.
  • Phoning a friend – Consider asking a friend or family member to attend appointments, consultations, and follow-ups with you. They could have questions or notice details that would not have occurred to you and may be able to act as a credible witness in your medical malpractice case.

Contact an Arizona Medical Malpractice Lawyer Today

The Arizona medical malpractice attorneys at the law firm of Mushkatel, Robbins & Becker, PLLC, believe that every patient has the right to responsible medical care. We know that doctors and other medical professionals are not “miracle workers” and cannot cure every illness or injury in every case. But they can use their knowledge, training, and skills to make the most accurate decisions possible on behalf of their patients.

If negligence on the part of a medical provider or facility harmed you or caused the death of a family member, don’t hesitate to reach out for help. Our team will provide a thorough and honest case evaluation and discuss your rights and legal options when you call us or reach out to us online for a free consultation.

Visit our Sun City Medical Malpractice Law Offices

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About the Author

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…