Because individuals cannot access the records maintained by the National Practitioner Data Bank, which is a web-based repository of reports containing information on medical malpractice payments and certain adverse actions related to health care practitioners, providers, and suppliers that was established by Congress in 1986, one of the primary sources for inquiring about whether a physician has been sued for medical malpractice (other than a Google search of the physician’s name, which may or may not be helpful) are state-operated boards of medicine.
For example, the Maryland Board of Physicians states on its website: “In addition to establishing qualifications for licensure, the Board is responsible for investigating complaints against licensees and for taking action against the license of those who fail to maintain Maryland’s high standards of medical care delivery or who break the laws governing licensure.”
The Federation of State Medical Boards (FSMB) states on its website that it is “a national nonprofit organization representing all medical and osteopathic licensing boards across the United States and its territories … [advocating] for state boards and [promoting] high standards in physician licensure and regulation to safeguard public health, safety, and welfare … We serve our member boards as they fulfill their mandate of protecting the public’s health, safety, and welfare through proper medical regulation, licensing, and disciplining of physicians, physician assistants and associates (PAs), and other healthcare professionals.”
But are state boards of medicine and NPDB records regarding medical malpractice payments complete and accurate? Public Citizen reports about a recent analysis “of data from the NPDB showing that by the end of 2021, 9,286 U.S. physicians have had five or more malpractice-payment reports since the NPDB began collecting such information in 1990. This is a malpractice record worse than 99% or more of all physicians who have practiced since then. Yet, dangerously and unacceptably, three-quarters (75%) of these 9,286 physicians have never had a medical board licensure action of any kind, serious or nonserious.”
“Additional evidence that state licensing boards are often lax in taking disciplinary action is provided by the fact that of the 16,287 physicians who have been reported to the NPDB for clinical-privileges actions affecting their ability to practice for more than 30 days by hospitals or other organizations that grant privileges to practice in their facilities or organizations, only 51.3% have ever had any action, even a reprimand, reported by a state licensing board. Thus, almost half of physicians deemed worthy of discipline by their peers with whom they practice had no action taken by a licensing board. Even for the 888 physicians who had been judged by their peers to be an immediate threat to health or safety, the percentage who had ever had state board action taken against their license was only marginally higher. Of these “immediate threat” physicians, only 52.1% had ever had any licensure action taken against them.”
Public Citizen recommends: “Congress also should amend the Health Care Quality Improvement Act so that any person can get the information to do a background check on a physician they are considering or are already seeing.”
Until such time as you can rest assured that you can easily obtain complete and accurate information about your physician’s medical malpractice and disciplinary history, if you or a family member may have been harmed as a result of medical malpractice in the United States, click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may investigate your medical malpractice claim for you and represent you or your family member in a medical malpractice case, if appropriate.
Turn to us when you don’t know where to turn.