Arizona Medical Board Complaint or Lawsuit: What Each Can Do

By Joe Styler, editor (not an attorney). Updated October 9, 2026. Sources checked

A complaint to the Arizona Medical Board and a medical malpractice lawsuit are two different processes with different purposes. The Board oversees a doctor’s license. A lawsuit is a claim for injury or death brought in court. This page explains what each one does, which agency handles which kind of provider, and where the two meet.

Two processes with different jobs

The Arizona Medical Board regulates doctors of medicine (MDs) under the Arizona Medical Practice Act. The Board’s own page says that, as an administrative agency, its jurisdiction and authority are limited to violations of the Act. The Act’s long definition of unprofessional conduct includes conduct the Board determines is gross negligence, repeated negligence, or negligence resulting in harm to or the death of a patient (A.R.S. 32-1401(27)(mm)).

A malpractice lawsuit is a court case. Arizona defines a medical malpractice action as a claim for injury or death against a licensed health care provider, based on, among other things, alleged negligence, misconduct, errors or omissions in providing health care (A.R.S. 12-561). The person bringing it must prove both elements in A.R.S. 12-563: that the provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same profession or class in Arizona, and that this failure was a proximate cause of the injury.

A Medical Board complaint and a malpractice lawsuit compared

Question	Arizona Medical Board complaint	Malpractice lawsuit
What it looks at	Violations of the Medical Practice Act by an MD	Whether both elements of A.R.S. 12-563 are proven
Possible outcomes	After a formal hearing: censure, probation, suspension or revocation of the license; civil penalties paid into the state general fund	A settlement or a court judgment
Time limit	Generally four years from the conduct to the complaint, with exceptions (A.R.S. 32-3224)	Generally two years after the cause of action accrues (A.R.S. 12-542); shorter for public bodies

Which agency handles which provider

The Medical Board handles only MDs. The official sources divide the work this way:

• Medical doctors (MD): the Arizona Medical Board. Its complaint form “may only be used to file a complaint against an MD.”
• Osteopathic physicians (DO): the Arizona Board of Osteopathic Examiners in Medicine and Surgery, which reviews complaints made against osteopathic physicians, interns and residents.
• Nurses: the Arizona State Board of Nursing, which has authority to investigate complaints alleging violations of the Nurse Practice Act or the Board’s rules.
• Pharmacists and pharmacies: under state statute, the Arizona State Board of Pharmacy may investigate pharmacists and may discipline pharmacy permittees (A.R.S. 32-1927 and 32-1927.02).
• Hospitals and other health care facilities: the Arizona Department of Health Services. Its Bureau of Medical Facilities Licensing licenses and certifies medical health care institutions, and state law says a health care institution may not operate without a current license from the department (A.R.S. 36-407).

ADHS also publishes AZ Care Check, a searchable database of facility licensing history that may include deficiencies or enforcement actions.

For HIPAA privacy complaints, the Osteopathic Board says they must go directly to the U.S. Department of Health and Human Services.

How to file a complaint with the Arizona Medical Board

Under A.R.S. 32-1451(A), any person may report to the Board information that appears to show a doctor of medicine may be medically incompetent, guilty of unprofessional conduct, or unable to practice safely. The Board’s complaint page adds these points:

1. You can file online or download a complaint form.
2. Include a chronological narrative of what happened.
3. Send copies of documents, not originals.
4. Identify yourself. The Board says complaints filed by anonymous complainants will not be opened, though a complainant may request confidentiality.
5. To ask for reimbursement of fees you paid the doctor, ask on the complaint form. A.R.S. 32-3225 lets a board require it when the patient asks on the form, and the Board says that asking does not mean reimbursement will be provided.

The Board says the doctor will be notified of the complaint within five days of the Board receiving it. Its listed office is 1740 W Adams St, Suite 4000, Phoenix, AZ 85007. Our page on how to get your medical records in Arizona explains how to request copies.

For a DO: the Osteopathic Board

The Osteopathic Board offers two options: its online system, or a downloaded form that you fax, email or mail to its office. Unlike the Medical Board, it says it accepts anonymous complaints and will also keep a complainant’s information confidential. Its listed office is 1740 W Adams, Suite 2410, Phoenix, AZ 85007.

What happens after a Medical Board complaint

The Board says investigation length varies: some investigations close within six to eight months, while others may take over a year.

Most of the file stays closed. The Board says its complaint files are confidential investigative materials and by law are not available to the person who complained, and A.R.S. 32-1451.01(C) keeps investigation records from the public. The Board’s FAQ puts the effect on a lawsuit plainly: “Investigations are confidential by law and the Board cannot share the information. Also, the information cannot be used in a malpractice lawsuit.”

Some outcomes are public: under A.R.S. 32-1451(L), an advisory letter from the Board is a public document.

After a formal hearing, the Board can impose censure, probation, suspension or revocation of a license, or a combination (A.R.S. 32-1451(M)). It may also impose a civil penalty for each violation, and the statute directs those civil penalties into the state general fund (A.R.S. 32-1451(K) and (Q)). The Board says that once it issues a final action, the case cannot be reopened, reconsidered or overturned.

A time limit applies to the boards themselves. Under A.R.S. 32-3224, an Arizona health licensing board generally may not act on unprofessional conduct that occurred more than four years before it receives the complaint. The limit does not apply to medical malpractice settlements or judgments, allegations of sexual misconduct, and other listed exceptions. It limits board action and is not a lawsuit deadline.

Unsure whether your concern is for a licensing board, a lawyer, or both? Request a free case review.

A board complaint does not file a lawsuit

Filing a complaint is a separate process and does not file a lawsuit. A lawsuit has its own deadlines under Arizona law. The general rule is two years after the cause of action accrues (A.R.S. 12-542). For care from a public entity, public school or public employee, a notice of claim is due within 180 days after the claim accrues (A.R.S. 12-821.01), and a lawsuit against a public entity or public employee within one year (A.R.S. 12-821). Our page on Arizona medical malpractice deadlines explains when these clocks start.

Compare those numbers with the Board’s own estimate that some investigations take over a year. If you are thinking about a claim, ask a lawyer about the lawsuit deadline early. Sending our form does not stop or pause any deadline. If cost is what holds you back, our page on how medical malpractice lawyers are paid in Arizona explains fee agreements.

Where the two processes meet

Information moves differently in each direction. The Medical Board says its investigation information cannot be used in a malpractice lawsuit, but a settlement or money judgment in a lawsuit must be reported to the licensing board.

Under A.R.S. 12-570, when a medical malpractice action is settled or a court enters a money judgment, the defendant’s professional liability insurers must provide information to the defendant’s health profession regulatory board. The plaintiff’s attorney must also send that board a notice, a copy of the complaint, and a copy of the agreed settlement terms or the judgment, within thirty days. A confidentiality clause in a settlement agreement does not apply to these reporting requirements.

That ties back to the four-year board limit: malpractice settlements and judgments are one of its listed exceptions (A.R.S. 32-3224). Our page on how a medical malpractice claim works in Arizona walks through the court side step by step.

Frequently asked questions

Does filing a complaint with the Arizona Medical Board start a malpractice lawsuit?

No. Filing a complaint is a separate process and does not file a lawsuit. A lawsuit is filed in court and has its own deadlines, generally two years after the cause of action accrues under A.R.S. 12-542, and shorter for public bodies. Sending our form does not stop or pause any deadline.

Can I file an anonymous complaint?

It depends on the board. The Arizona Medical Board says complaints filed by anonymous complainants will not be opened, though a complainant may request confidentiality. The Arizona Board of Osteopathic Examiners in Medicine and Surgery, which handles DOs, says it accepts anonymous complaints.

Can the Board’s investigation be used in a malpractice case?

The Arizona Medical Board says: “Investigations are confidential by law and the Board cannot share the information. Also, the information cannot be used in a malpractice lawsuit.”

Where do I complain about a hospital or other health care facility?

The Arizona Department of Health Services licenses medical health care institutions, and its online complaint system has separate forms for medical facilities, long-term care, behavioral health and assisted living facilities.