How to File a Complaint Against a Doctor
Legal Guidance on Bringing a Medical Malpractice Claim
After you have sustained injuries because of a medical mistake, you likely have many questions about what you should do next. Hensley Cloninger & Greer has over 30 years of experience guiding injured patients through the legal process. Our attorneys take decisive steps to preserve your claim and protect other patients from negligent care.
Filing a Complaint with the North Carolina Medical Board
The North Carolina Medical Board issues and regulates medical licenses. This organization has the authority to discipline doctors who act in a manner that falls below the accepted standard of care.
You can file a complaint online or by mail with the board, after which:
- The board reviews the claim to determine whether the doctor violated the Medical Practice Act
- If the board determines that your complaint indicates negligence or misconduct, your doctor is given an opportunity to respond to the grievance claim
- The board conducts a full investigation, which may include obtaining medical records or contacting you for additional information or clarification
- Upon completion of the review process — which generally takes about six months — you are notified of the decision made by the board
- The board may issue a confidential, private letter of warning to the doctor or take public action, which may include releasing a public letter of concern, imposing license restrictions, or suspending the doctor’s license. Only in the most severe cases of misconduct does the board revoke a doctor’s license.
Filing a Lawsuit in Civil Court
Although notifying the North Carolina Medical Board of a doctor’s negligence is important to protect the public safety, the process does not help you recover compensation from the medical professionals and facilities responsible for your injuries. You must file your claim in the civil courts to collect damages for surgical errors, misdiagnosis, birth injuries, or other medical mistakes.
Our attorneys take you through the court procedures, which include:
- Investigating your claim to determine whether you have a valid cause of action
- Retaining an expert witness who reviews your claim for viability
- Filing with the court the expert witness’s sworn affidavit that states that your doctor’s actions or inactions fell below the accepted standard of care
- Preparing your case to prove by a preponderance of the evidence that your doctor’s negligence more likely than not caused your injuries
- Negotiating with doctors and their insurance companies for the best possible settlement of your case
- Taking your case to trial if the medical professionals refuse to pay you the amount of damages you deserve
Because the statute of limitations on medical malpractice allows you only a brief time to file your civil lawsuit, you should consult with our legal team right away, so you do not risk missing the strict statutory deadline.
Steps Toward Justice After a Medical Mistake Causes Harm
Let us give you the guidance you need to pursue justice after a medical professional injured you.
Call Hensley Cloninger & Greer at (828) 383-8414 or contact us online to schedule your free, no-obligation consultation.