Two very different kinds of complaint
A complaint to a licensing authority and a complaint filed in court share a name and little else. In New York, complaints about physicians go to the Office of Professional Medical Conduct, while complaints about hospitals and other facilities can go to the Department of Health. Those agencies investigate and may discipline a provider, but they do not award compensation, and their files are generally kept confidential while an investigation proceeds. A medical malpractice complaint filed in court is the document that begins a lawsuit, and it seeks money for injuries caused by care that fell below accepted standards. Some people pursue both, which is worth discussing with a lawyer before either is filed.
What goes into a court complaint
Before a malpractice complaint is filed in New York, the attorney usually must certify that the case has been reviewed with a physician and that there is a reasonable basis for it. That means the records have to be gathered and reviewed first, which takes time and is one reason to start early. The complaint names the defendants, describes the treatment and the injury, and sets out the claims, which commonly include negligence and lack of informed consent. Choosing the right defendants requires knowing who actually provided the care and who employed them, which is not always obvious in a hospital. Claims against public hospitals require an early notice of claim, and every malpractice claim faces a filing deadline that may be shorter than you think.
Starting the process
If you want to report a provider to the state, you can file directly with the agency, and you do not need a lawyer to do so. If you are considering a lawsuit, bring your records, the names of everyone involved in your care, and the key dates, such as surgery, discharge, and when the problem was diagnosed. We review whether the facts suggest a departure from accepted care that caused harm, then explain what physician review would involve and which deadlines apply. You decide whether to proceed after that review.
