How “Dangerous� Doctors Are Able to Continue Practicing Medicine in the United States Medical malpractice cases that involve medical records review are a warning sign for dangerous doctors. Loopholes in the system enable them to continue practising medicine and put patients at risk. MOS Medical Record Review 8596 E. 101st Street, Suite H Tulsa, OK 74133
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Medical malpractice is a grievous offence, especially because you are being harmed by a hand that you implicitly trust. Malpractice lawsuits involve medical record analysis to understand the nature of the injury or harm and its extent. Studies show that many malpractice lawsuits end with the “dangerous� doctors walking free. The Milwaukee Journal Sentinel that is part of the USA TODAY Network, and MedPage Today found in their investigation that hundreds of doctors who have been disciplined publicly, chastised or barred from practicing by one state, now practice in another state in the United States. The single biggest reason for board action against these doctors was medical errors or oversights. One-fifth of the cases were a result of putting patients at risk. However, these doctors have managed to slip through a system that makes it challenging for employers, patients and regulators in other states to learn about their worrying pasts. The National Practitioner Data Bank Is Not Properly Utilized The National Practitioner Data Bank that came online in 1990 was expected to put an end to dangerous doctors practicing in other states, but has not been entirely successful. The database that is the most comprehensive resource for negative information on doctors contains around 1.3 million reports on doctors. This resource is open to hospitals, state medical boards and insurers. Public versions of the database do not include the doctors’ names or other identifying information. However, many state medical boards do not use it, thus putting the people at risk. It has never been made available to the public, and the information on doctors is not completely disclosed. There is practically no way patients can find out whether their doctor has been sued for malpractice, subjected to a disciplinary action or hit with loss of hospital privileges.
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Very few states including Wyoming and Florida have signed up for the data bank service that continually checks all of their physicians for any signs of trouble or new infractions and flags the medical boards within 24 hours. The service costs only around $3 dollars per doctor checked. However, data shows that most states performed only 10 to 20 searches every year. Of the 64 state medical boards, only 13 subscribe to this service. States can also sign up for automatic updates from the data bank, which will run doctor names every 24 hours and report any new actions.
Considerable Variations among States in Information Sharing States differ as regards the information they report to the public. Sources of information include: • Discipline by a medical board • Discipline from other states • Malpractice claims and payouts • Criminal convictions • Loss of hospital privileges • Medicaid/Medicare exclusions and fraud charges • Actions by federal regulators such as the U.S. Food and Drug Administration and the Drug Enforcement Agency Only 5 states -- Florida, Kansas, Maryland, Massachusetts, and North Carolina – report at least 6 of the above 7 categories of disciplines available. This means that most state records are incomplete. Five other states – California, Georgia, Indiana, New York, and Tennessee regularly reported 5 categories. The majority report only their own disciplinary actions. Ideally, all state medical
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boards should list all of these categories to ensure safe and optimal health outcomes. State medical boards that do make such information available often rely on the physicians themselves to report their own transgressions. During license renewal, the doctors are asked questions such as whether they have been disciplined by other states, whether they have been involved in lawsuits or paid malpractice claims. The Journal Sentinel and MedPage today surveyed 62 boards across the U.S, which regulate physicians at the state level. They found considerable variation across the states. • In some cases there may be 2 boards in one state, one for medical doctors and another for osteopathic physicians who focus on the musculoskeletal system. Governors appoint some or all members of 56 of them. • Each board may have disparate rules. • Annual average rates of discipline ranged from 1.9 actions per 1,000 doctors in Massachusetts to 10.3 in Delaware, according to a British Medical Journal study in 2016. • There are huge differences regarding the amount and quality of information each board makes available about doctors to the public.
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Medical Boards Must Be More Responsive and Proactive Medical malpractice cases that involve medical records review are a warning sign for dangerous doctors. However, many doctors escape the scrutiny of states, and often no action is taken against them. The federal National Practitioner Data Bank allows state boards to keep tabs on their doctors who hold licenses in other states, but boards rarely take advantage of this facility. Though the Federation of State Medical Boards has its own system for keeping a tab on state actions and physician credentials, it doesn’t have the comprehensive information available at the data bank. Insurers have their own means of checking when adding doctors to their networks. Whatever be the measures adopted, it is important to ensure that doctors who have a bad reputation are kept away from harming patients. State medical boards should ensure that the public is aware of any infractions against a doctor and that doctors who are really dangerous are not able to practice.
www.mosmedicalrecordreview.com
(800) 670 2809