Patient Resources — Patient Rights & Legal

If you believe you received substandard care, were treated improperly, or had your rights violated by a doctor or hospital, you have the right to file a formal complaint. Knowing where to go — and how to document your case — gives your complaint the best chance of being taken seriously.

Start with the Hospital’s Patient Advocate

If your complaint involves a hospital, the first step is usually to contact the hospital’s patient advocate or patient relations department. Every accredited hospital is required to have one. A patient advocate can investigate your concern, facilitate communication between you and the care team, and in many cases resolve issues without the need for a formal external complaint. Ask for the patient advocate by name when you call or visit.

Document Everything First

Before filing any complaint, gather and organize your documentation:

  • Dates, times, and locations of the events you are complaining about
  • Names and roles of all staff involved
  • A clear written account of what happened in chronological order
  • Copies of relevant medical records, bills, and correspondence
  • Names of any witnesses
  • Photos if relevant

File a Complaint with Your State Medical Board

Every state has a medical licensing board that regulates physicians and has the authority to investigate complaints, impose disciplinary action, and revoke medical licenses. This is the appropriate body for complaints about physician conduct — including misdiagnosis, inappropriate treatment, unprofessional behavior, or ethical violations. Find your state medical board through the Federation of State Medical Boards at fsmb.org.

File a Complaint with Your State Health Department

For complaints about hospitals, nursing homes, clinics, and other healthcare facilities — including issues with facility conditions, staffing, infection control, or patient safety — file a complaint with your state’s department of health. State health departments have the authority to inspect facilities and impose sanctions.

File a Complaint with The Joint Commission

The Joint Commission accredits thousands of hospitals and healthcare organizations. If your complaint involves an accredited facility, you can file at jointcommission.org. This is separate from and in addition to any state complaint you may file.

File a Complaint with CMS

If the hospital or provider receives Medicare or Medicaid funding, you can file a complaint through your state’s Quality Improvement Organization (QIO). Call 1-800-MEDICARE or visit medicare.gov to find your state’s QIO.

File a Complaint for Civil Rights Violations

If you believe you were discriminated against based on race, color, national origin, sex, age, or disability, file a civil rights complaint with the Office for Civil Rights (OCR) at hhs.gov/ocr. OCR also handles HIPAA privacy complaints. Complaints must generally be filed within 180 days of the violation.

Consider Consulting a Medical Malpractice Attorney

If you suffered significant harm due to medical negligence, you may have grounds for a malpractice claim. Most attorneys work on contingency. Medical malpractice claims have strict statutes of limitations that vary by state — don’t wait too long to seek legal advice.

Key Takeaways

  • Start with the hospital’s patient advocate for facility-related complaints
  • Document everything — dates, names, and a chronological written account
  • Physician complaints go to your state medical board at fsmb.org
  • Facility complaints go to your state health department
  • Accredited hospital complaints can also go to The Joint Commission at jointcommission.org
  • Medicare/Medicaid complaints go to your state’s Quality Improvement Organization
  • Civil rights and HIPAA complaints go to HHS Office for Civil Rights at hhs.gov/ocr
  • If you suffered significant harm, consult a medical malpractice attorney promptly

Disclaimer: The information on MedicalResearch.com is provided for educational purposes only and is not intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health professional.