Did you know that medical errors are the third-leading cause of death in the United States and that around 400,000 hospitalized patients experience preventable harm each year?
We trust doctors and hospitals to keep us safe. We depend on them to detect anomalies and administer the proper treatments. It is critical to understand your rights and the options available to you in the event that you or a loved one fall victim to medical negligence.
There are two main actions you can take to safeguard your rights and ensure ethical standards: Report the doctor/facility to the local medical board and/or hire an experienced personal injury attorney to hold them accountable in court. Here we’ll go over each and what to know about them.
When Should You Report a Doctor?
Please understand that reporting a physician is a drastic measure, and we do not necessarily recommend it. However, there are times it might be warranted, but only after you speak with an attorney who specializes in personal injury and medical malpractice cases. Some instances when filing a report with a governmental agency include, but are not limited to:
Negligence (i.e. violating the standard of care)
- Administering the wrong medication
- Failing to properly disclose treatment regimens
- Failing to diagnose
- Errors in anesthesia administration
- Failing to properly treat
Unprofessional Conduct
- Verbal or physical abuse
- Sexual harassment
- Discriminatory practices due to race, ethnicity, gender, or religion
- Substance abuse during the course of their work
Financial Misconduct
- Billing for unrendered services
- Falsifying records
How to Report a Doctor to the Medical Board in Illinois
1. Gather Evidence
The first thing you should do is speak with your attorney. It might be best to forgo generating a report and instead file a lawsuit. If you collectively decide to report a physician, you will need to gather any evidence that supports your claim — medical records, billing history, text/email/phone correspondence, witness testimony, videos and images, etc.
While the chances are one complaint will not result in disciplinary action for the doctor (even if a medical malpractice lawsuit is filed) unless the circumstances are particularly egregious, it is still important to make these reports. It helps identify patterns of behavior that may have led to other patients having similar experiences, which can inform the medical board on the right disciplinary actions to take.
2. Contact the Illinois Department of Financial and Professional Regulation (IDFPR)
The IDFPR is a consumer protection organization that oversees licensing, credentialing, and more across a number of professional fields in the State of Illinois, healthcare included. They ensure that all doctors and medical professionals abide by state and federal regulations and handle any disciplinary actions that may be taken against offenders.
File a complaint with them through their online portal here.
You may also download, print and send a formal complaint (email, fax, or mail) by using this form here.
Be sure to include key details in the complaint, including the doctor’s name, hospital, specifics of the incident, and any evidence you’ve gathered.
3. Play the Waiting Game
Keep in mind that the wheels of bureaucracy can move slowly, so don’t expect results immediately. However, once you’ve submitted a complaint, you’ll receive confirmation as well as a case number. Be sure to keep that on hand.
Eventually, they will decide whether or not to open an investigation. But in the meantime, it’s critical that you start getting your ducks in a row by getting in touch with a personal injury attorney that can help you recover damages.
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What to Expect After Filing a Complaint
The IDFPR will evaluate your complaint and decide whether or not it falls under their jurisdiction. They may wind up referring it to another agency to handle. If they do move forward, they’ll open an investigation and they’ll begin to interview you, the doctor and/or health system involved, collect all evidence that substantiates the claim, and enlist the help of outside professionals to review the case’s validity.
If the doctor(s) in question are found to have acted negligently, there are a number of possible outcomes:
- Reprimanding for infractions that do not necessitate license revocation
- Probation that may include further training or supervision
- License suspension for a certain period of time
- License revocation, which permanently prohibits them from practicing medicine
- Fines
- Restrictions on procedures they can perform
Severe cases may be made public, but otherwise you will receive a notification if disciplinary actions are taken. Though keep in mind that details may not be disclosed due to privacy laws. There is an appeals process in which the doctor(s) involved may request that the case be re-evaluated and a different ruling handed down.
How to File a Personal Injury Claim Against a Hospital or Doctor
Filing a personal injury claim is far different from filing a complaint against your doctor and is usually the preferred method of addressing a medical malpractice scenario. Personal injury claims seek to recover money damages to cover your losses and make you whole. Your losses may include loss of normal life, pain and suffering, disfigurement, emotional injuries, medical bills, lost wages. No disciplinary actions result from personal injury lawsuits – they are strictly about financial compensation. It is possible, even likely, that you will win a lawsuit and the doctor/hospital will not be formally disciplined.
That being said, the only thing you need to do to file a personal injury lawsuit is to consult with a personal injury attorney. These specialized attorneys are adept at helping you get the justice and monetary compensation you deserve. They’ll help you get the basics in order — collecting evidence, filing the formal complaint, etc. With an aggressive attorney in your corner, you won’t have to shoulder the burden of government bureaucracy or dealing with insurance companies. In fact, it’s better that you don’t communicate with insurance companies while pursuing a lawsuit, since they can twist your words against you and invalidate your case.
Not Sure Where to Turn? Turn to Brian Lewis.
Brian Lewis is an experienced Chicago personal injury attorney who has helped families achieve justice since 1997. He will walk you through every step of the process, lifting the burden off your shoulders and giving you the knowledgeable representation that you and your loved ones deserve. Brian’s litigation experience and passion to hold people accountable have allowed him to win more than $100 million in damages throughout the course of his career.
Contact Brian Lewis today if you or your loved one have been injured or wrongfully killed due to a doctor’s negligence.
