Medical Malpractice Complaint

Medical Malpractice Complaint: Raise a Formal Complaint About Your Care

A medical malpractice complaint is a formal letter to a hospital, clinic, doctor or other healthcare provider about treatment you believe fell below the standard you should have received. It explains what happened, how the care fell short, the harm it caused, the evidence you have, and what you want the provider to do, with a date for a full response. Robot Lawyer drafts the letter from your answers, for the law of the country or state you choose, and on the Verified plan a qualified legal professional checks it within 24 hours before you send it.

CONTENTS

What Is a Medical Malpractice Complaint?

A medical malpractice complaint (sometimes called a medical negligence complaint) is usually the first formal step when something has gone wrong with your care. It goes to the provider's complaints team, who must investigate and reply.

A clear, factual complaint is more likely to get a proper investigation and a useful answer. It can also ask for your medical records, an apology, an explanation, changes to stop it happening again, or a remedy, and it keeps your other legal rights open.

When Should You Use One?

• Misdiagnosis or delayed diagnosis
  A condition missed or not diagnosed in time.
• Treatment or surgical errors
  A mistake during treatment, surgery or aftercare.
• Medication errors
  The wrong medicine or dose prescribed or given.
• Poor communication or consent
  Risks not explained, or treatment without proper consent.
• Complaining for someone else
  On behalf of a relative or someone you care for, with their consent where needed.

What's Included in Your Complaint?

• Your details
  Who is complaining, how to reply, and the patient's details if you are complaining for someone else.
• Who and where
  The provider, the department or clinician, and when and where the treatment took place.
• What happened
  A clear, dated account of events.
• How the care fell short
  Why you believe the care was below the expected standard, and any guidelines not followed.
• The harm caused
  Injuries, long-term effects, emotional harm and financial losses.
• Evidence and witnesses
  The documents and people who support your account.
• What you are asking for
  An investigation, an explanation, an apology, your records, or another outcome you choose.
• Response date and next steps
  When you expect a full response, and where you can take the complaint next.

What Your Document Looks Like

Your complaint is a formal letter written in the first person: your details and the date, the provider's details, a heading naming the complaint, then short sections on what happened, how the care fell short, the effect on the patient, the evidence, what you are asking for, and a request for a full written response. Here is an extract from a sample complaint we generated:

What I am asking for

An apology for the care complained of and its effects on me.

Compensation for the harm and financial losses I have described.

Please provide a full written response within a reasonable time, in line with your complaints procedure. In your acknowledgement, please confirm when I can expect that response. If further time is needed, please explain why and tell me when you expect to complete the investigation.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us what happened, the harm caused and the outcome you want.
2. Generate your complaint
   We draft a clear, factual complaint letter from your answers.
3. Get it verified
   On the Verified plan, a qualified legal professional checks your complaint within 24 hours and makes amendments where needed. The Essentials plan does not include this check. See how our documents are verified.
4. Send it
   Send it to the provider's complaints team and keep a copy with your evidence.

How It Works in Different Countries

• UK
  NHS complaints should normally be made within 12 months of the event or of when you became aware of it. The provider should acknowledge a complaint within 3 working days, and if you are not satisfied you can go to the Parliamentary and Health Service Ombudsman in England, or the ombudsman in Scotland, Wales or Northern Ireland. You can request your records under the UK GDPR.
• United States
  Complaints can go to the provider, the hospital's patient advocate, and the state medical board. You can request your records under HIPAA. Strict time limits apply to legal claims, and many states require expert evidence before a lawsuit.

These notes are general. Time limits for legal claims are strict, so get legal advice if you are thinking of making a claim.

Medical Malpractice Complaint FAQs

Is a complaint the same as a legal claim?

No. A complaint asks the provider to investigate and respond. A legal claim for compensation is a separate process with its own time limits, and your complaint says that you reserve your legal rights.

Can I complain for a family member?

Yes. Your letter explains your relationship and, where needed, includes a section for the patient to confirm their consent.

Should I ask for my medical records?

Often it helps. Your complaint can include a request for copies of the relevant records.

What if I am not happy with the response?

You can usually take the complaint to an ombudsman or regulator. Your letter sets out these next steps.

Can I use this complaint outside the UK?

Yes. Your complaint is drafted for the law of the country or state you choose. Our lawyers are qualified in England and Wales and, on the Verified plan, check documents for good practice, clear formatting and the law of England and Wales. They are not qualified in other countries' law, so if your complaint is governed by another country's law, we recommend having a local lawyer check it too.

Create a Medical Malpractice Complaint

Set out your concerns clearly and ask for a proper response. You can start with a 7-day free trial. See our pricing for the plans. Related documents: Complaint Letter, Data Subject Access Request (DSAR), Letter Before Legal Action and Demand Letter.