Is Impersonating a Doctor Illegal? Can I Sue?

Only licensed doctors may provide medical services. In all states, providing medical services without being licensed is a crime. If you've been injured by someone who provided medical treatment without a state license, you may be entitled to receive money.

Is It Illegal to Impersonate a Doctor?

Each state has different licensing requirements for medical doctors. But all make it a crime to impersonate a doctor by:

• practicing medicine without a license, or
• advertising or holding oneself out as a doctor or other medical professional without the proper licensure.

An individual who commits this offense may face misdemeanor or felony penalties, depending on the state law. A state licensing board may also impose civil penalties and fines for this illegal activity. Government prosecutors typically file these types of criminal and civil charges. Any fines levied against the individual go to the state (not to patients).

What Medical Professionals Are Considered Doctors?

States license numerous medical professionals, including physicians, surgeons, ophthalmologists, physical therapists, psychologists, nurses, and physician assistants, among others.

But only those who graduate from a board-approved medical school and hold a medical license to practice as a physician or surgeon may use the initials MD or DO. MD stands for Doctor of Medicine and DO stands for Doctor of Osteopathic Medicine.

Do States License Persons Who Practice Alternative Healing Arts?

Yes, many states license or regulate professionals who practice non-mainstream healing arts or alternative medicines, such as homeopathy, naturopathy, acupuncture, and massage therapy. (Not everyone agrees on what practices are considered alternative or non-mainstream. Check out the National Institutes of Health's Center for Complementary and Integrative Health to learn more.)

States that regulate these professionals generally prohibit them from holding themselves out to be MDs or DOs. They may also require the person to inform consumers that they are not licensed physicians. These same restrictions and disclosure requirements may also apply to non-licensed healing arts professions (such as Reiki instructors or faith healers).

Can I File Criminal Charges Against Someone Who Impersonated a Doctor?

As a citizen, you can't charge someone with a crime yourself. That power is left to the local and state prosecutors in your area. You may, however, contact the local police or state medical board to inform them about your situation and suspicions that someone has committed the crime. After that, it's up to the investigators to determine if a crime occurred and up to the prosecutors to file criminal charges against the defendant.

If the defendant is convicted of a crime, the judge may order the defendant to pay restitution (as part of the criminal sentence) to anyone who suffered damages. Restitution goes directly to the victim, but you need to provide the court with proof of any medical treatment or incurred expenses that resulted from the defendant's criminal activity.

Can I Sue Someone for Impersonating a Doctor?

A civil lawsuit is very different from the criminal justice process. In a civil lawsuit, you can accuse someone who has harmed you of acting in a way contrary to the law, or in a way that the law allows for compensation. If someone impersonating a doctor harmed you through their negligence or committing malpractice, you can file a lawsuit to seek civil damages for the resulting injuries.

Unlike the criminal justice process, a lawsuit doesn't accuse a person of committing a crime, but instead accuses that person of acting improperly and causing you harm. You don't need to contact prosecutors or police to file a civil lawsuit, but you will need to be able to show that you suffered harm for which the law provides a remedy. You also need to show the defendant's negligence or malpractice caused that harm.

Talk to a Lawyer

If you've suffered an injury as a result of someone whom you suspect was practicing medicine without a license, speak to an attorney. While it is always up to prosecutors to determine if someone should be charged with a crime, you may have civil remedies available to you even if the person is never charged with a crime. An experienced attorney can evaluate your case and give you advice based on your circumstances and how they apply to the law.