Patients deserve access to physicians’ history
Tuesday's lead editorial.
Patients put their lives in their doctors’ hands. In return, physicians owe patients more information about themselves.
The N.C. Medical Board, a state regulatory body, proposes creating a profile on its Web site of each licensed physician and physician’s assistant in the state, including professional credentials, affiliations, disciplinary actions, criminal records and malpractice judgments and settlements.
The North Carolina Medical Society, a private professional association, protests. It wants malpractice judgments disclosed only if a review by independent specialists concludes that the patient received substandard care.
The Medical Society raises a valid concern. Some malpractice suits lack merit. That doesn’t mean they can’t prevail in court or at least force the physician to spend time and money defending his or her actions. Sometimes the easiest recourse is to settle for a nominal amount. But revealing on the Medical Board Web site that a malpractice suit was “settled” makes it appear that the physician admits he or she made a mistake.
That’s the unfair aspect of the Medical Board’s proposal. It’s partially addressed by the opportunity physicians will have to write a brief explanation of the circumstances of each case. But it’s also part of the price of full disclosure.
Two years ago, the board created a Consumer Access to Physician Information task force following “sustained criticism of the paucity of public information about North Carolina licensed physicians,” Thomas W. Mansfield, the director of its legal department, explains. The board aims to fix that.
These aren’t consumer complaints about auto-repair shops, although that’s important information to have. This is about choosing a surgeon. Knowing which doctor has lost two or three malpractice suits might influence a patient’s decision. That doesn’t tell the whole story, but keeping it hidden is rarely in the public interest.
The Medical Society’s appeal to let “two actively practicing experts of the same specialty as the licensee ... review the medical care leading to each malpractice payment” sounds reasonable enough. They might contend the physician was unjustly blamed. If the board wants to take that step, fine. It can post the experts’ opinion with the information about the judgment or settlement. But that shouldn’t provide a basis for withholding information.
The board will collect comments from the public and physicians before making its final decision. Its statements so far indicate it’s willing to take some heat from the medical community while serving the greater good — letting consumers know as much as possible about the professionals they trust with their lives.
Comments (4)
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There are more lawsuits with merit than without. NC should not only disclose lawsuits against doctors, but hospitals also. In addition NC should also look at Peer Review what's the big secret hospitals are hiding behind Peer Review.
Posted on June 3, 2008 8:20 AM
The problem over and over with this discussion is whether or not "suit" aka litigation information should be easily availible on malpractice cases.
What is more valuable is not malpractice suits, buit malpractice claims. That information remains with the insurance company.
What if a doc has no suits but 15 claims filed against him? The malpractice insuring company knows the doc well enough to know if this case gets to court, they lose. So they settle before a suit is filed. No one ever knows except the parties involved who likely make an agreement to keep the details confidential.
Litigaiton information is public if you know where to look. Generally only high profile malpractice cases have suits filed. It is the day to day malpractice claims that only the insurer, the doc and the injured person know about that should concern the public more than suits.
The interesting information are the claims filed and their resolution-not the suits.
Posted on June 3, 2008 9:11 AM
Just an aside: Associated Press style for PAs is "physician assistant," not "physician's assistant."
Posted on June 3, 2008 5:22 PM
Allen, I find the N&R's "concern" disingenuous.
You're all for "transparency", and you support the Medical Board's decision to disclose malpractice actions against physicians . . . yet for five years, your newspaper has coldly IGNORED the story of a local doctor (in public service and employed by a "non-proft" no less) who was fired for trying to PREVENT malpractice . . . a doctor who has BEGGED for the newspaper's help to get the law to do what it is supposed to do.
My thoughts on the subject are more in line with Cathy's (as opposed to the majority of my peers). Disclosing malpractice payments is a grandstanding move designed to diffuse the heat that's been wafting the Medical Board's way for the last several years (heat generated mostly by the Raleigh N&O). It's like putting a Band-Aid on cancer.
From the local blog JR de-linked: http://drjshousecalls.blogspot.com/2008/06/band-aids-on-cancer-nc-medical-board.html
Posted on June 3, 2008 6:30 PM