More Data on Doctors Backed

The Medical Board of California has voted to support public disclosure of all medical malpractice settlements involving physicians, which would significantly expand public access to information about doctors.

At a meeting Saturday in Newport Beach, the board voted unanimously to distribute the information on its Web site, if the Legislature approves. Two board members abstained from voting.

The medical board, which licenses, investigates and disciplines doctors, currently does not disclose any information about malpractice settlements.

Its Web site provides information on California disciplinary actions against doctors; malpractice verdicts or arbitration awards; felony criminal convictions; major hospital disciplinary actions; and sanctions by other states’ medical boards.

Dr. Gary Gitnick, the board’s new president, said his colleagues have “very progressive ideas.”

“It clearly is a board that realizes that its prime reason for existence is public protection,” said Gitnick, a UCLA gastroenterologist. “And one element of public protection is making it possible for any member of the public to learn as much as they can about their physicians, both good and bad.”

If the board’s recommendations are adopted by lawmakers, members said they would like to release malpractice settlements dating back five years.

By proposing to make public malpractice settlements of any size, the board went further than suggestions made by lawmakers earlier this month. On May 1, the Joint Legislative Sunset Review Committee supported disclosing malpractice settlements above $150,000, as well as the names of doctors who had three or more settlements above $30,000 in a 10-year period.

The legislative panel and the medical board agree on several other areas of public disclosure. They include misdemeanor convictions related to physicians’ qualifications and functions, along with board referrals to the state attorney general’s office for disciplinary action.

The California Medical Assn. and malpractice insurance carriers have strongly opposed release of settlement information. The liability insurers obtained a temporary injunction this year barring the medical board from releasing settlement information requested by the San Francisco Chronicle.

Leaders of the doctors group have said they fear that the public might misinterpret the data.

“Disclosure of settlements will drive patients away from good doctors and compound already severe health access problems in California,” said Dr. John Whitelaw, the association’s president, at a May 1 legislative hearing.

“Furthermore, settlement disclosure is likely to drive up malpractice premiums because physicians will more frequently refuse to settle, thus increasing malpractice insurance costs and delaying resolution for all concerned.”

Board members said their Web site (www.medbd.ca.gov) will provide patients with background to help them interpret information and place it in proper context.

Incoming medical board Vice President Dr. Hazem Chehabi said the board was uncomfortable setting a monetary threshold for disclosure of settlements, which would have given the public an incomplete picture.

As it stands, state law requires malpractice carriers to report only settlements above $30,000 to the board. If that law isn’t changed, smaller agreements would remain out of public view, even if the board’s recommendation is adopted by the Legislature.

“We wanted to send a message that we really wanted to disclose all settlements,” said Chehabi, president of the Newport Diagnostic Center. “We are totally committed to new policies that would protect the consumers and inform them so that they can make the best decisions regarding their own health care.”