Negligent Doctors Are Not Being Held Accountable for Their Actions

Every state has a state medical board, which oversees the care and conduct of hospitals and doctors. When a doctor’s negligence causes injury or death, the state medical review board reviews the incident, and decides whether to take some form of disciplinary action against the doctor and/or hospital. More often than you think, however, a doctor who has been disciplined continues to practice and to treat new patients.

Public Citizen, a health care advocacy group, recently published a piece discussing this very issue. After an analysis of the National Practitioner Data Bank’s (NPDB) public use file, Public Citizen found that of the total 10,672 physicians in the databank with one or more privilege actions (such as revocation or restriction of their clinical privileges), 45% also had one or more state licensing actions.

What kind of behaviors led to actions again the doctors?

• Immediate threat to health and safety (220 physicians received this discipline)
• Incompetence, negligence, malpractice (1,119 physicians)
• Substandard care (605 physicians)
• Other categories included sexual misconduct, unable to practice safely, fraud, insurance fraud and narcotics violations.

As a result, 3,218 lost their clinical privileges permanently, and 389 lost privileges for more than one year.

Because the NPDB’s public use file identifies the doctors using code numbers rather than their names, Public Citizen has asked the state medical boards to identify the physicians in the study, and take appropriate action because it is difficult to hold them accountable for their actions.

Maryland’s new rules for reporting physician misconduct

In November 2016, the Maryland Department of Health and Mental Hygiene (DHMH) revised regulations regarding the obligation of hospitals and other health care facilities to report certain actions involving doctors, allied health providers and naturopathic doctors: COMAR 10.32.22 These new regulations provide guidance regarding when an action that has been taken against a medical professional should be reported to the Maryland Board of Physicians. There are 15 areas under the new law that would result in a reportable change. Here are a few of those areas:

• Providing patient care of questionable quality
• Unethical or unprofessional conduct
• Billing or coding fraud
• Alcohol or drug abuse
• Illegal or unethical business practices
• Violating hospital bylaws, rules, policies and procedures despite warning

Marylanders can refer to the Maryland Board of Physicians, if they want to inquire about any disciplinary action against their doctor, or they may also file a complaint against a doctor or other health care professional.

Plaxen Adler Muncy, P.A. is a premier medical malpractice law firm serving medical malpractice victims throughout Maryland. You are invited to call 410-730-7737 or fill out our contact form to schedule a free initial consultation now with an attorney you can trust.