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How to File a Complaint Against a Doctor in Ohio

Published on Jun 11, 2020 at 3:50 pm in Medical Malpractice.

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When you’ve experienced improper care from a doctor in Ohio, it’s likely you will want to hold that doctor accountable for their actions or negligence. But you might not know what steps you need to take to document your complaint against the doctor for the care you received. At Thomas Law Offices in Cincinnati, we understand that it can be hard to stand up for yourself against a doctor, but we want to help you. We will guide you through the medical malpractice claim process, but first you should know the steps of filing a complaint against your doctor in Ohio.

What You Should Do Before Filing a Complaint

Before you take the step of filing a complaint about your experience with a doctor in Ohio, you should first discuss the complaint directly with your doctor. This might be an uncomfortable conversation to have, but doctors should be receptive to your complaint, and this might enable the problem to be resolved without legal action.

Your doctor might not even know they made a mistake until you let them know what you experienced. That’s why you should tell them your complaint directly before filing a complaint because it gives them the opportunity to correct their mistake. However, if they don’t correct their mistake or dismiss your complaint, then you should file an official complaint.

Other than your complaint, your situation might warrant a personal injury case, like a medical malpractice claim. If your doctor was negligent and their negligence directly resulted in an injury to you, then you could have a med mal claim. Hiring an attorney to help you with your claim would help you get justice and compensation for your injuries. Even if you choose to file a legal claim, filing an official complaint might still be a good option for you. Your Cincinnati med mal lawyer can help you decide what your best options are for your situation.

Where Do You File Your Complaint

The State Medical Board of Ohio is who you file a complaint with when your doctor does not give you adequate care. You can find the form to file a complaint here, but it is important to note that this complaint is intended for practice issues only. When you file your complaint, make sure that you include as much information and proof as possible so when the Medical Board investigates your claim, they will have your full narrative of the situation.

Some of the information that will be needed for your complaint will be:

  • Your contact information
  • The doctor’s name, license type, license number, and contact information
  • A description of what happened, where it happened, and the date when it happened
  • Supporting documents

It’s also important to know who you can file your complaint against. The medical professionals that these complaints apply to are physicians, physician assistants, massage therapists, genetic counselors, radiologist assistants, respiratory care professionals, anesthesiologist assistants, cosmetic therapists, acupuncturists, and dietitians. All of these professionals receive their licenses through the Medical Board. A complaint against any other medical professional must be filed through their respective licensor.

According to the State Medical Board of Ohio, investigations into complaints can take anywhere from a few days to a year or more depending on how complex your case is. In general, most investigations last a few months.

What Can the State Medical Board of Ohio Investigate?

Filing an official claim with the State Medical Board of Ohio is a big decision that takes full consideration and is not something you should take lightly. You can’t file a complaint for just any reason—there are only certain circumstances that the Medical Board will investigate. According to the Medical Board, they will only investigate these situations and some other miscellaneous violations:

  • Improper prescribing or administering of drugs
  • Not meeting the standards of care
  • Fraud
  • Immoral conduct
  • Unlicensed practice
  • Criminal convictions
  • Impaired ability of practice
  • Failed duty to report

Here are some of the situations that the Medical Board says they will not investigate because they do not have jurisdiction:

  • Billing disputes
  • Insurance disputes
  • Personality clashes
  • Poor bedside manner
  • HIPAA violations
  • Scheduling complaints
  • Employer problems
  • Problems with an entity rather than a specific doctor
  • Problems with nursing homes

Hire a Medical Malpractice Lawyer From Thomas Law Offices

While a complaint through the State Medical Board of Ohio is not the same as a medical malpractice claim, you still could benefit from hiring a lawyer to ensure that your rights are protected throughout the process. A Cincinnati med mal lawyer from Thomas Law Offices can answer your questions about what your best course of legal action would be moving forward, and whether you qualify to file a claim, a complaint, or even both. Reach out to our office today so we can start the discussion.