Board Action vs. Malpractice

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.

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