How To File Complaints Against Medical Doctors in Florida
If you believe that you or a loved one received improper care at a doctor’s office, hospital, or another medical facility, or if you think your doctor acted inappropriately, you can take action. Filing complaints against medical doctors in Florida holds them accountable and may protect others from having a similar experience.
Unfortunately, doctors make mistakes far more often than they should. As a patient or family member, filing a complaint is one of the best things you can do to help stop doctors from making the same mistakes in the future.
Filing a complaint is also important for protecting your legal rights. When doctors make mistakes, the costs can devastate patients and their families. The good news is that doctors—and their medical malpractice insurance companies—can often be held accountable through the complaint process and medical malpractice lawsuits.
The medical malpractice lawyers at Colling Gilbert Wright have extensive experience filing complaints against medical doctors in Florida. We trust medical providers with our health and well-being. When that trust is broken, only justice can help to repair the damage done.
Reach out to us today at (407) 759-7948 to schedule a FREE consultation. We will discuss whether you have grounds for a complaint, establish if you have a viable claim for compensation, and then pursue the justice you deserve. We serve our neighbors in Orlando and throughout Florida with distinction.
How Does Professional Misconduct Differ From Medical Malpractice?
Doctors must provide a reasonable standard of patient care, but they must also behave ethically and uphold professional standards of integrity. If you are a patient who suffered harm at the hands of a medical doctor, it is important to understand the remedies available. Your next steps depend in part on what you think the doctor did wrong.
When you think your doctor behaved unethically, you can make a complaint of professional misconduct to the body that regulates and licenses doctors. Some situations that would be professional misconduct according to Florida Statute § 458.331 include:
- Exploiting a patient for financial gain
- Sexually abusing a patient or having a sexual relationship with a patient
- Accepting referral fees or kickbacks
- Directing patients toward businesses in which the doctor has a financial interest
- Engaging in deceptive advertising
- Billing for services not provided
- Billing for physician services when a non-physician provided the service
You should make a complaint when you believe your physician has engaged in unprofessional conduct.
Medical malpractice lawsuits are the proper remedy when you believe you were harmed because the doctor did not provide an adequate standard of medical care. The medical malpractice attorneys at The Florida Firm will have an expert review your medical records. If they agree that you were harmed by substandard care, you could file a lawsuit seeking compensation.
Medical Malpractice Is a Form of Professional Misconduct
Medical malpractice is a failure to provide an appropriate standard of care that causes harm to the patient. It is also a form of professional misconduct.
You can make a professional misconduct complaint when a doctor commits malpractice. However, it is not strictly necessary because the regulatory bodies receive a copy of any medical malpractice verdicts or settlements.
Depending on the circumstances, an attorney might recommend filing a complaint before bringing a malpractice suit for strategic reasons. In other situations, a doctor might have made a critical mistake that was caught before you suffered harm. Without harm, you cannot bring a malpractice suit, but you could file a complaint for professional misconduct.
Who Regulates Doctors in Florida?
Doctors in Florida are regulated by the Florida Board of Medicine and the Florida Department of Health. If you have complaints against medical doctors in Florida, you can file your complaint with the Florida Department of Health.
The Florida Health Care Complaint Portal guides you through the process of filing a complaint online, and depending on the subject of your complaint, may refer you to another agency.
It is critical to note that filing a complaint with the Florida Department of Health can lead to disciplinary action. A professional misconduct complaint will not result in payment of financial compensation. To receive compensation for your losses, you must file a medical malpractice claim separately.
When Should You Complain About a Medical Practitioner?
You should talk to a lawyer about filing a complaint about a medical practitioner any time you have reason to believe that your doctor committed professional misconduct or you or a loved one received substandard care.
How To File a Complaint Against a Doctor in Florida
If you need to file a complaint against a doctor in Florida, your first step is to talk to a lawyer who can help you.
Once you hire a lawyer to represent you, they will gather all the evidence needed to support your case. This includes medical records, billing records, witness statements, and other documentation. After compiling the evidence, your attorney will file the complaint on your behalf.
The process typically begins online, but the nature of your complaint will determine the specific agency involved. For instance, billing disputes (fraudulent billing or overcharging) may need to be filed with the Florida Department of Agriculture and Consumer Services. If you have Medicare and believe your physician is overcharging you or has a conflict of interest that impacted your care, you can make a complaint to the Center for Medicare Services. HIPAA violations should be directed to the U.S. Department of Health and Human Services.
Each agency has distinct procedures and forms. A trusted and knowledgeable Florida lawyer can ensure your complaint is directed to the appropriate regulatory body.
What Happens To the Doctor As a Result of the Complaint?
When the Department of Health receives a complaint it conducts an investigation. If there is evidence of professional misconduct, the case will be referred to the Board of Medicine.
The Board may ask the doctor to address the complaint in writing. Sometimes there is a hearing where the doctor must appear and explain their conduct. If the complaint is upheld, the doctor could face disciplinary action like:
- Mandatory retraining
- Practicing under the supervision of a proctor
- Alcohol or drug treatment
- Psychiatric evaluation
- Scope of practice limitations
In the most severe cases, a doctor’s license could be suspended or revoked.
Will the Doctor Know a Complaint Has Been Filed?
Yes. According to the Florida Board of Medicine, when a complaint is under investigation, your doctor will be notified that a complaint has been filed. However, “Complaints remain confidential until ten days after the probable cause panel of the Board has determined that a violation has occurred. Patient identity and patient records remain confidential at all times.”
At this point, you won’t be dealing with your doctor directly (and you should be seeing a different doctor for treatment).
Does It Cost Anything To File Complaints Against Doctors in Florida?
It costs nothing out-of-pocket to file complaints against doctors in Florida. However, you must provide your medical records to support your complaint and the doctor may charge you for the copies.
When Does a Complaint Become Medical Malpractice?
This heading blurs the distinction and is inaccurate—complaints do not become lawsuits, they are separate actions. I suggest changing it to “ When Can You Bring a Malpractice Lawsuit?” or something similar.
The event that formed the basis of a professional misconduct complaint can also be the basis of a medical malpractice lawsuit when it involves a mistake that represents a deviation from the standard of care. When medical practitioners fail to meet this standard, they can—and should—be held accountable.
Can You Sue a Doctor for Negligence in Florida?
Yes, you can sue a doctor for negligence in Florida. Medical malpractice is a form of negligence. Florida law makes it clear that patients and families can sue for medical malpractice when they suffer out-of-pocket costs, pain and suffering, and other losses due to their doctors’ negligence.
Medical malpractice cases are complicated, so choosing a lawyer with experience representing patients and families who are dealing with your situation is imperative. The medical malpractice attorneys at Colling Gilbert Wright have obtained numerous high-value settlements and verdicts on behalf of our clients injured by a doctor’s negligence.
Do I Need a Medical Malpractice Lawyer?
Due to the complexity of medical malpractice cases, if you think you may have a malpractice claim against your doctor, you will want to speak with an Orlando medical malpractice attorney promptly. Remember, this costs nothing out-of-pocket, so you have no reason not to consult a lawyer about your legal rights.
Read More: What To Look For in a Medical Malpractice Law Firm
Contact the Dedicated Attorneys at Colling Gilbert Wright
Do you need to know more about filing complaints against medical doctors in Florida? If so, we strongly encourage you to get in touch. We have decades of experience handling medical malpractice cases for our clients and strive to secure the support they need after their devastating losses.
Our lawyers represent all patients and families on a contingency-fee basis, meaning we only collect our fees and costs if we help our clients recover. No Fee Unless We Win!
To speak with a medical malpractice attorney at Colling Gilbert Wright in confidence about your legal rights, contact us now to schedule a FREE consultation. We’ll be with you every step of the way to the justice you deserve.
