YES! Many medical malpractice trials boil down to the so-called “battle of the experts” wiht medical experts on each side taking conflicting positions. Even though the facts of your case may have overwhelming evidence of medical neglect, the jury is left to decide which expert is telling the truth–often an impossible task for a jury with no medical training or expertise.

The first step to proving the merit of your case is filing a complaint against the physicians or hospital with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) of the NYS DOH is responsible for investigating complaints against physicians, physicians’ assistants and specialist assistants. The OPMC also monitors practitioners who have been placed on probation.

The New York State Department of Health, Office of Professional Medical Conduct, investigates all reports of professional misconduct by physicians and physicians’ assistants. An investigation may result in a formal hearing before a committee of the Board of Professional Medical Conduct. Information regarding the final disciplinary actions taken against the New York medical licenses of physicians and physicians’ assistants is a matter of public record.

You can file a complaint against a physician with the New York State Department of Health, Office of Professional Medical Conduct at the NYS Department of Health, Office of Professional Medical Conduct, 433 River Street, Suite 303, Troy, New York 12180-2299. Complaints must be in writing. You can get information about filing a complaint and download a complaint form at: www.health.state.ny.us/nysdoh/opmc/main.htm. You can also call 1-800-663-6117 to get a complaint form or if you have any questions.

If you feel you received negligent care from healthcare professionals such as nurses, dentists, social workers, optometrists, psychologists, physical or occupational therapists, or podiatrists, you can file a complaint by contacting the New York State Education Department, Office of Professional Discipline, 475 Park Avenue South, Second Floor, New York, New York 10016. The complaint hotline is 1-800-442-8106. You can get information about filing complaints, getting a list of regional offices and downloading a complaint form at www.op.nysed.gov/opd.htm or www.op.nysed/gov/faq.htm#complain.

If the investigation by the Department of Health or the Department of Education substantiates the allegations in your case, it will issue a formal document that lists the deficiencies and preventable medical errors. In the case of hospitals, it will require that the hospital submit a plan of correction to ensure that future medical errors are prevented.

Findings of medical neglect issued by the Department of Health are sometimes admissible in evidence at a trial and when admitted into evidence, such findings can be very powerful in convincing a jury that your medical expert is telling the truth.