Civil Complaints Process

1368 words 6 pages
Civil Complaints Process
October 10, 2010
Brenda Young Civil Complaints Process
Civil complaints can arise when a patient feels as if they have been mistreated according to the “standard of care”. Some patients have legitimate cases, yet there are other people who are looking for a possible lawsuit. This paper will explore the process for filing a civil complaint against a physician. This paper will discuss what patients and consumers will use in the event of suspected misconduct or possible incompetence. It will also explore the roles of the respective regulatory agencies in investigating allegations and determining and applying any appropriate disciplinary actions. It will also identify any potential criminal liability
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There is not a specific time frame in which the process of evaluating a complaint will take. That information varies depending on the number of cases that are handled by the medical consultants. The time is also determined by the complexity of the complaint. It can take several days to several months to review and/or resolve a complaint. The person who is making the complaint will not be disclosed to the physician the complaint is against when retrieving all the necessary medical information for evaluation (The Medical Board of California, 2010).
The primary role of the Medical Consultant at any healthcare facility is to provide an unbiased, objective and comprehensive evaluation of the complaints received by the Board to determine whether the care and treatment provided by the physician was within the standard of practice. During the evaluation process, medical records that are relevant to the complaint are requested and review by the medical consultant. After reviewing all the relevant material the consultant determines if there is a need for a formal investigation by the Board investigative staff or if the complaint is can be resolved by a preliminary review of the medical records and the accompanying physician narrative statement. Medical Consultants are employed by the healthcare facility as independent contractors. The consultants do not hold salary based positions with the


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