If you feel that you have a reason to file charges against your physician for negligence, don’t hesitate because the law could be on your side. This may not something that is done every day, but if it involves the lives of your loved ones, then by all means take your doctor to court. However, there is a process to be followed, and it is important that you go through the proper channels first.

Rinker 2010:03:15 08:28:32 (Photo credit: tracie7779
If your negligence case involves a wrongful death claim, you will want to make sure that everything is done exactly as required. In a wrongful death case, you will definitely want to enlist the help of an attorney. This is a matter that an expert to handle, that’s why a Houston Wrongful Death Lawyer can help.
Gather as much Evidence as You Can
You will need to make sure that you have all the evidence needed to prove your case. Once there is enough evidence your attorney can legally file charges on your behalf against the physician for negligence. Thus, the process begins. There are degrees of negligence, and, depending on the damage that has occurred, your attorney will know how to approach this.
Be Patient, This Could Take Time
As with all legal cases, your negligence case will not be settled overnight. It can take many long weeks, even months, for both sides to prepare their cases, before presenting them to a judge or, if needed, a jury. Some malpractice and negligence cases can be tied up in the court system for years, with refiling and motions to allow more time for research or other clarifications either party may find necessary. Each state has its own procedure for filing negligence claims against physicians.
Learn the Steps
The process begins by filing a complaint with your state’s medical board. Each state has its own medical board. Once the claim is filed, the state medical board will open a case to see if disciplinary action is necessary against the physician. Disciplinary action against the physician is not always taken, as medical boards are made up of physicians, making them sympathetic to the physician.
Filing a complaint does not constitute a lawsuit for malpractice or negligence. This is something that is done specifically by an attorney, and is separate from a complaint being filed. That is not to say that you should not file a complaint. If the physician has been negligent, a complaint on file can be read by potential future patients, who can then make their own decisions on whether or not to use this physician.