How Do I File a Complaint Against a Doctor in Kentucky?

The Kentucky Board of Medical Licensure is the state agency that is responsible for licensing and regulating medical and osteopathic physicians. The board approves, verifies, and renews physician credentials. Every three years, a physician must renew their license with the board and complete 60 hours of continuing medical education.

This is also the board for filing a formal grievance against a physician, physician assistant, athletic trainer, surgical assistant, acupuncturist, or genetic counselor. On the form, you’ll be referred to as the “grievant.” You’ll need to provide your name and address, as well as the name and address of the physician you are complaining about.

You will then provide a written statement that is considered a sworn statement that details the grievance. This is how the KBML describes the statement:

“State in detail all the facts which you believe justify your grievance. If possible, state whether the information is within your personal knowledge, and if not, the source of sources of the information.”

In other words, you need to explain how you were harmed and provide information about the second doctor who discovered the harm.

You will also sign a waiver that releases your medical records to the board for review.

As you prepare your complaint, you need to be specific about the type of negligence you are accusing the doctor of. It will most likely be one of the following forms of misconduct:

• Misdiagnosis and failure to diagnose
• Surgical errors
• Inadequate follow-up care
• Medication errors
• Failing to recognize or consider a patient’s symptoms
• Anesthesia mistakes
• Delays in treatment
• Failing to order diagnostic tests
• Birth injuries
• Incorrect use of medical devices

It is important to remember that the KBML only addresses the physician’s actions regarding care. It does not accept complaints about customer service, billing disputes, or staff behavior.

Every complaint submitted to the Kentucky Board of Medical Licensure will trigger an investigation.

That will involve reviewing records, interviewing witnesses, and giving the doctor an opportunity to respond. This will then lead to an inquiry panel review, during which a panel of independent doctors reviews the investigation findings to determine whether a violation occurred.

The possible outcomes will be either dismissal of the complaint or disciplinary action. Those disciplinary actions can include the following:

• Limiting, restricting, suspending, or revoking the license to practice
• Fines
• Mandatory drug testing or monitoring
• Additional training

If the inquiry board cannot reach a conclusion, there may be a formal hearing to adjudicate the matter.

If a doctor’s negligence has caused you harm, you are justified in filing a complaint with the KBML. It is important to note that any action the board takes won’t involve compensation.

They can affirm the doctor caused you harm, but if you’re seeking a remedy, you’ll have to file a second complaint, and this time in civil court. That is where the attorneys from McCoy & Hiestand, PLC can step in to provide support and guidance.

The same evidence you present to the KBML will serve as the foundation for a civil complaint. However, you also need to obtain a Certificate of Merit. That is prepared by an independent medical practitioner who will affirm that negligence occurred. We’ve helped prepare many Certificates of Merit.

We also appreciate the tight deadline these types of complaints face. In Kentucky, you only have one year to file a complaint. That doesn’t mean you’ll have a resolution by then. It only means the official lawsuit process needs to begin.

Before we agree to help, we need the opportunity to review the case. That begins with a free consultation. If you’ve been harmed by a doctor’s negligence, you owe it to yourself to schedule that consultation.