If You Have A Complaint...

Keywords: Complaints  Ethics  

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If you have a complaint against a Texas physician, the Harris County Medical Society (HCMS) and the Texas Medical Board (TMB) are two organizations that can accept complaints against physicians.  HCMS and TMB are separate organizations and accept different types of complaints, as demonstrated by the table below. HCMS reserves the right to refer complaints to appropriate members of the Federation of Medicine and/or the Texas Medical Board.

 

 HCMS

TMB Complaint Process

Types of Complaints

  • Reviews issues regarding potential ethical violations, namely violations of the AMA Principles of Medical Ethics
  • Only accepts complaints against HCMS physician members
  • Reviews issues regarding  standard of care, ethical deportment, unethical practices, namely violations of the Texas Occupational Code (Texas Medical Practice Act).
  • Accepts complaints against any physician within Texas

 Duties/Scope

  • HCMS is a voluntary organization of physicians who commit to volunteer their time and services to promote physician-patient advocacy within the Harris County community.
  • Review complaints regarding potential violations of the AMA Principles of Medical Ethics
  • Initiate formal investigations and hearings
  • Discipline accordingly when violation has been found
  • The TMB is the regulatory agency and authoritative board that provides investigative and enforcement support for all practicing physicians in the state of Texas. 
  • Review complaints regarding potential violations of the Texas Medical Practice Act
  • Initiate formal investigations and hearings
  • Discipline accordingly when violation has been found

Factors to consider before deciding to file a complaint against a physician:

  • Have you discussed the matter with the physician(s) involved?

It is important to discuss or write a letter expressing your concerns to your physician before taking any action against the physician.  Many physicians will welcome the opportunity to resolve conflicts to improve relationships with their patients.

  • What is (are) the specific issue(s)?

For Example:
Quality of care received, Unprofessional behavior, or Unethical conduct

  • Does the issue only involve the physician?
  • Are other health care professional(s) or the physician's staff members involved?  If so, does the issue mainly involve them rather than the physician?

It is important to determine which health care professional is primarily involved with the conflict.

For a list of other organizations that may be able to assist with complaints against non-physicians go to TMB's List of Health-Related Agencies

 

HCMS Complaint Process

TMB Complaint Process

Criteria for Accepting Complaints

  • The physician in question must be a member of the Harris County Medical Society;
  • All complaints must be in writing.  Complaints must be submitted from the patient, or the person responsible - if the patient is a minor, or if the patient is incompetent - by an authorized representative with the appropriate documentation.  (Medical Power of Attorney)
  • HCMS investigative policy states services involving the complaint must have been rendered within the past three (3) years; and
  • Complaints must be in reference to the medical care rendered by, or the ethical deportment of the physician in question

NOTE: Complaints involving fees, litigation, the Texas Medical Board, or an attorney cannot be accepted.

  • Anyone may register a complaint with the TMB against a physician licensed by the Board ;

  • All complaints must be in writing – be as specific as possible
    • Provide physician full name and practice address

Complaint Process

  • Call the HCMS office at (713) 524-4267 to find out whether the physician in question is a member of the Harris County Medical Society.
  • If the nature of your complaint meets the HCMS criteria above, download the HCMS Complaint Form and Instructions Complete and submit the forms as directed by the instructions.
  • Complaints are usually processed and reviewed by the HCMS   Public Grievance Committee within sixty (60) days.  The process can take longer depending on whether further investigation is needed.

If you are an HCMS Physician Member with complaint ... Members only

  • The TMB offers several ways the public can File a Complaint.
  • The Board will acknowledge receipt of your complaint. 
  • If your complaint is within the Board's jurisdiction, it will be assigned for proper study.
  • Complainants are advised of an investigation status approximately every 90 days until final action is taken.

 

 

 

 


Last Updated 4/15/2010 - Print This Page

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