Submitted by TrishP80 on Thu, 01/28/2010 - 12:22
I understand I can view information about whether a certain doctor has had to pay a judgement for medical malpractice, but does that registry list ALL such cases? And what about pending cases of medical malpractice where there has been to judgment yet? Thank you in advance.
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Editor's Response
For those who do not know, you are talking about the data repository created and maintained by the Massachusetts Board of Registration in Medicine. Under Massachusetts General Laws Chapter 112, Section 5, the reporting is limited to judgments and arbitration awards from the last ten years. Also, as you can see be reading the last sentence of relevant language from Section 5 (specific information about what should and should not be included in the data repository), pending malpractice claims are not:
(f) all medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party during the most recent ten years and all settlements of medical malpractice claims in which a payment is made to a complaining party within the most recent ten years. Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement. Information concerning paid medical malpractice claims shall be put in context by comparing an individual licensee's medical malpractice judgment awards and settlements to the experience of other physicians within the same specialty. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.'' Nothing herein shall be construed to limit or prevent the board from providing further explanatory information regarding the significance of categories in which settlements are reported.
Pending malpractice claims shall not be disclosed by the board to the public. Nothing herein shall be construed to prevent the board from investigating and disciplining a licensee on the basis of medical malpractice claims that are pending.
Hope that helps. Follow this link for more information about malpractice data repository.