Filing Complaints Against Georgia Doctors: What you need to know

The Georgia Composite Medical Board handles administrative complaints against physicians, including M.D.’s and D.O.’s.  They accept and will act upon complaints from anyone, including patients, their families, other members of the public, and even other medical professionals or healthcare organizations.

What can the Board do?

The Board can only take action on the medical professional’s license. If there’s not enough evidence of a violation, the investigation will be closed. But if there is a violation, the Board can order corrective actions or disciplinary measures. These can range from a fine,  attendance at medical education courses, probation, suspension, or revoking the license.

What complaints are not under the Board’s control?

The Board can’t handle complaints about rudeness, fee disputes, disability ratings, or personality conflicts. They also can’t handle complaints against non-M.D.’s or D.O’s, other healthcare providers, or hospitals. Complaints about insurance billing or workers compensation should be directed to the appropriate state agency.

What complaints can the Board handle?

The Board mainly handles complaints about quality of care, improper prescribing, and cases where a provider is impaired due to alcohol or substance abuse. They also handle cases of unprofessional or unethical conduct, such as violating patient confidentiality, misrepresenting credentials, or practicing without a license.

What is unprofessional conduct?

Unprofessional conduct includes any behavior that doesn’t meet the minimum standards of acceptable medical practice. This could include physical abuse of a patient, inadequate record keeping, prescribing drugs excessively or without reason, or performing duties beyond the scope of one’s license.

Will my provider dismiss me if I complain?

Some providers might choose to dismiss patients who file complaints. This is within their rights as long as they follow all appropriate laws and guidelines.

Will complaining solve my problem with my provider?

Probably not. The Board doesn’t intervene on behalf of individual patients. Instead, it acts for the people of Georgia as a whole. When the Board takes action against a provider, it’s to prevent future problems and protect future patients.

How do I file a complaint?

You can file a complaint online or by regular mail. If you believe a provider has violated the Medical Practice Act, acted unprofessionally, or provided substandard care, you may have grounds for a complaint.  Here is a link to start the online complaint process: COMPLAINT SUBMISSION

Can I file an anonymous complaint?

The Board prefers signed and dated complaints, but will accept anonymous ones. However, there must be enough evidence for the Board to determine if a sanction is warranted.

Is there a time limit for filing a complaint?

No, there’s no time limit. But as time goes on, it may be harder for the Board to gather information to support the complaint.

Will my complaint be taken seriously?

Yes! Each complaint is thoroughly evaluated to see if a violation of Board policy or state law has occurred.

What happens after I file a complaint?

Your complaint will be acknowledged within 2 weeks. It will then be reviewed to see if there’s a possible violation of the Medical Practice Act. If there’s no violation, the case is closed. If there’s a possible violation, your complaint is sent to the licensee for review and response. The review process can take up to six months or more.

Are complaints and investigations public information?

No, they’re not. A complaint is part of the investigative file and is not public information. If a complaint results in a public board order, the nature of the complaint may be determined from the “Findings of Fact” in the public board order and therefore becomes public information.

Will I be told the status of my complaint?

Yes, you’ll receive a letter acknowledging receipt of your complaint. If your complaint is within the Board’s jurisdiction, you’ll be notified of the status of your complaint when final action is taken.

What are the possible outcomes of a complaint?

Complaints are usually resolved in one of three ways: no formal action, private action, or public action.

What is a Public Board Order?

A Public Board Order is a public document concerning the licensee. It doesn’t necessarily mean the licensee was sanctioned by the Medical Board or that the licensee is currently under any type of disciplinary action.

What does it mean if a physician’s license status is listed as Probation, Suspension or Revocation?

Probation means the Medical Board took disciplinary action that extends over a specified period of time. Suspension means the doctor has been ordered to temporarily stop practicing medicine in Georgia. Revocation means the doctor’s license to practice medicine has been withdrawn by the Medical Board.

When does a disciplinary case become public?

A disciplinary case usually becomes public information when the Board issues a notice of charges and allegations. This is a legal document that states the Board’s case against the licensee and provides certain details of the evidence the Board has gathered in the case.

Remember, filing and administrative complaint will not result in compensation to the patient for injuries; that’s the role of malpractice lawsuits. However, and administrative complaint may help protect future patients, so it is a worthwhile process.

Contact us today if you or someone you love needs a medical negligence lawyer!

 

Scott McMillen:
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