The differences
between a board action and a malpractice
suit are significant.
Board actions are those taken against physicians
following a formal process of complaint, investigation and
hearing. Whereby a sanction taken by a medical board against
a physician does indicate that a violation of the medical
practice act has occurred, malpractice claims are not always
accurate measures of a physician's competence or violation
of the law. The reason is twofold: 1) anyone can file a malpractice
suit without showing evidence of damage; and 2) often malpractice
insurance carriers opt to settle out-of-court rather than
incur the expense of a court appearance (many times the physician's
guilt, innocence or preference is not a factor in this decision).
Medical boards may review malpractice reports to proactively
identify practitioners who may be a hazard to the public by
detecting a pattern of inappropriate actions.
Public Protection vs. Physician Discipline
Medical boards focus on protecting the public,
not on punishing physicians.
While medical boards do find it necessary to suspend or revoke
licenses, regulators believe that many problems can be resolved
with probation and by putting restrictions on a physician's
license so the public is protected while maintaining a valuable
community resource. Probation and restrictions of a medical
license can be in place as a physician receives further training
or rehabilitation.
Sharing of information
Disciplinary sanctions imposed by a board are reported to the
Federation of State
Medical Boards, state and local medical and osteopathic
societies, the American Medical Association, the American
Osteopathic Association, the National Practitioner Data Bank
and appropriate government agencies.
The Federation operates a national Board Action Data
Bank that houses records of disciplinary actions
dating back to the 1960s. This information is available to
all state medical boards
and appropriate credentialing agencies.
Responsibilities of consumers
First and foremost, be an educated consumer.
Consumers of health care can gather a great deal of information
that may be useful in selecting a physician. The state
medical boards can assist by disclosing if a physician
is currently licensed, if disciplinary action has ever been
imposed or, in some cases, if disciplinary charges are pending.
Members of the public can also inquire if the board has other
public information on a physician's record (this may include
criminal convictions and malpractice judgments).
Citizens who believe that the quality of medical care they
receive is substandard or that a physician has engaged in
unprofessional conduct should contact their state
medical board. Unless such problems are brought to the
attention of the medical board, physicians who are grossly
negligent or incompetent may continue their practices unencumbered.
The differences between a board action
and a malpractice suit are significant.
Board actions are those taken against physicians
following a formal process of complaint, investigation and
hearing. Whereby a sanction taken by the state
medical boards against a physician does indicate that
a violation of the medical practice act has occurred, malpractice
claims are not always accurate measures of a physician's competence
or violation of the law.
If you believe a medical practitioner should
be reviewed by a medical board,
Click
here for Immediate Medical Board Action or
Medical Malpractice assistance.
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