As doctors are also humans, they also tend to do mistakes. Because of a doctor’s negligence when it impacts your health it’s time to file a formal complaint. In certain situations, if a doctor makes a poor decision resulting in contributory negligence, on part of the injured person’s case then he can be sued in the medical malpractice claim. But if a doctor or other health care professional commits malpractice while treating a patient in a hospital, the hospital cannot be held liable for the doctor’s negligence.
If you are unsure who is liable and who you should sue then it is better to seek help from a qualified medical malpractice attorney who can discuss the strengths and weaknesses of your case and advise you about who will make the best defendant. You can even visit website and check for law from Australia to get a claim evaluation from a medical malpractice lawyer. To file a complaint against a doctor, patients should know the process of how to bring that complaint to the court.
The process to register a complaint against a medical doctor
- In case of any professional misconduct by any medical practitioner then he will be registered for complaint at the medical council for initiating inquiry and action.
- Filing a complaint against the doctor at the medical board is the first step of primary disciplinary action.
- To disclose your identity will be viewed as per your interest.
- Only one complaint may not lead to formal discipline against the offending doctor medical agency should receive multiple complaints against the same doctor to launch a formal investigation.
- A decision of complaint against the doctor should be taken within a time limit of 6 months.
- To file a lawsuit, the duration ranges from one to three years from the date of injury, depending on the state.
- During the process, the doctor will be restrained from performing the procedure which is under scrutiny.
Various types of complaints when a Doctor can be punished
- When a doctor delivers substandard care
- Misdiagnosis, a careless treatment that causes harm to the patient
- Unusual delay in treatment
- Under- or over-prescribing medication
- Giving the wrong medication
- Working under the influence of drugs or alcohol
- Harassment or sexual misconduct
- Practising without a license
- Altering medical records
When does a complaint become a medical malpractice case?
- A complaint can become a medical malpractice case when the hospital, doctor, or other healthcare professional injures a patient through errors in diagnosis, treatment, or aftercare.
- When the doctor violates a standard of care recognized by law through his negligence.
- If he has caused significant damage to the patient by submitting sky-high hospital bills, loss of income due to injury, pain, and suffering.
- If a patient develops shooting pain after surgery and a follow-up revealed severed damage which the doctor neglected that may be accounted as malpractice.
- A civil wrong or tort between a patient and a doctor, for his negligence, will be liable under medical lapse.
- If a practitioner having run the risk of doing something with recklessness and indifference to the consequences of a patient then it will be proved as criminal negligence.
- In cases when a doctor requires a requisite amount of skill and duty of care and they fail or breaches their responsibility towards the patient which results in damages to the patients and even leads to the death of the patients who are liable for a lawsuit.
Medical mistakes can lead to serious injury. If you think your doctor made a serious error in treatment, take action or file a medical malpractice lawsuit. Consult with an experienced medical malpractice attorney who can help you understand the legal issues surrounding your case.