An Attorney’s Advice on Filing a Hospital Complaint

Legally Reviewed and Edited by: Terry Cochran

In any hospital in Michigan, patients are guaranteed a standard of care that ensures their safety and well-being to facilitate the healing process. This standard is based on the concept that trained professionals will care for their patients to the best of their ability and that all patients are treated equally and with similar attention.

If this standard is not met, and an injury or death results, the patient can seek the advice of a medical malpractice attorney at Cochran, Kroll, & Associates P.C. to determine if they have a hospital negligence case.

It is important to be aware of the procedures that a patient must take to successfully file a complaint. LARA, the Licensing and Regulatory Affairs division of the State of Michigan details this process. The patient should also be diligent in following specific steps in making sure the governing agency has all the information necessary for follow-through.

Steps to File a Complaint

The first step in filing a complaint against a hospital is to file a complaint with your health plan coverage. In Michigan, the law requires that there is a formal grievance in writing to begin the complaint process. Once a complaint is filed with the health provider, they will provide a written response.

Unfortunately, the health care provider may not always agree with the patient’s position, and they will state that in writing as well. In this case, the patient with medical conditions can contact the Department of Insurance and Financial Services, Office of Consumer Services to ask them to negotiate a resolution of the complaint. If the patient claim is not resolved it is prudent to contact a medical malpractice lawyer at the law offices of Cochran, Kroll, & Associates P.C. to work on behalf of the patient to move this claim process forward.

If the claim is not resolved by Consumer Services then the patient, or malpractice attorney at our law firm, may file a second written grievance to the patient’s health provider. At this juncture, the health provider must respond within 35 days. The health provider may ask for a 10-day extension to gather pertinent medical information only if the patient agrees to the extension.

Patient Responsibilities

In any complaint process, the healthcare provider and the hospital negligence lawyer will look for documentation that the patient acted appropriately during the treatment by paying attention to the instructions of the professional medical personnel involved. If the patient has a complaint the patient’s responsibilities will be under scrutiny.

The patient is responsible for following the instructions and rules of the attending medical staff. This includes providing the hospital with all current information of all over-the-counter medications the patient is taking as well as any treatments and interventions that are in place.

It is critical for the patient to follow all the medical instructions that are recommended for the course of treatment. If the patient refuses treatment that is offered under professional and ethical standards, the providers may move to end their relationship with the patient.

The patient must also provide information and details of how the treatment is going and try to keep the medical professionals aware of the patient’s healing progress. This is monitored by keeping scheduled appointments and communicating immediate needs or problems.
Medical malpractice cases involving failure to diagnose and emergency room errors that cause pain and suffering to the patient can also be sent to claims by their hospital negligence attorney.

Final Thoughts

The process of filing a complaint as a result of hospital negligence in Michigan is outlined in Michigan law. The patient filing a claim must adhere to these regulations to be successful in receiving any compensation. The patient also has treatment responsibilities when considering a claim.

The law offices of Cochran, Kroll, & Associates, P.C. are available to assist any patient or family member who feels they have been injured during a hospital stay or during treatment. We will also assist with any wrongful death cases you bring up against doctors or nurses.

We can help you with the personal injury complaint process and ensure your claim is processed to ensure you receive the maximum compensation to cover lost wages. Contact us at 866-MICH-LAW for a free consultation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.