The Common Law

Filing complaint against a doctor

I went to a doctor who I thought was totally incompetent and unprofessional. Can I file a complaint or grievance against him? Where do I file the complaint?

Yes. You can file a complaint with the Texas Medical Board. The TMB is the state regulatory agency that provides investigative and enforcement for all practicing physicians in Texas.

The TMB requests all complaints must be in writing. The person filing the complaint should provide the full name and business address of the doctor, specific dates and details of the alleged incident that is the reason for the complaint, and include the name of the patient whose care is in question.

TMB provides several ways for the public to file a complaint against a doctor in Texas. The different complaint methods include:

Call the TMB complaint hotline (800/201-9353) and request a complaint form be sent to you; Download a complaint form on TMB's Web site or complete and submit the form electronically on the TMB Web site (www.tmb.state.tx.us); and

Mail in a written complaint to Texas Medical Board, Investigations Department, MC-263, PO Box 2018, Austin, Texas 78768-2018.

Anyone may register a complaint against a doctor licensed with TMB. According to the TMB, the most frequent complaints involve non-therapeutic prescribing of a drug or treatment, professional incompetence, unprofessional conduct that may endanger the public, and inability to practice medicine by reason of mental or physical impairment.

Keep in mind that not all complaints about health care providers should be submitted to the TMB. For example, complaints against nurses, dentists, and pharmacists should be directed to the specific state licensing authorities that govern those health care providers. Read next week's column to learn more about how the complaint process works.

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Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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