Consumer Reports recently published an article regarding the prevalence of nearly invisible medical probation as punishment for serious misconduct. Such transgressions include gross negligence, sexual misconduct, or practicing medicine while under the influence of drugs or alcohol.
According to the report, which can be found [here](http://www.consumerreports.org/cro/health/doctors-and-hospitals/what-you-dont-know-about-your-doctor-could-hurt-you/index.htm?utm_content=buffer6798e&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer), a small percentage, but significant number, of physicians are allowed to practice even though they have been subject to disciplinary action by state medical boards. These boards are responsible for the licensure and discipline of physicians, as well as the investigation of complaints, and are made up of both doctors and community members.
Unfortunately, the findings of these regulatory groups are not always readily available to the public. Information on medical malpractice payouts and some disciplinary actions against healthcare professionals has been gathered by the National Practitioner Data Bank since its creation by the Department of Health and Human Services in 1990.
According to the NPDB, approximately 15% of US doctors have had one or more malpractice payout, and 4% have action such as “reprimand, probation, and license suspension or revocation” taken against them by bodies like the state medical boards. However, the general public does not have access to the database containing physician’s records. Patients must instead search the websites of the state medical boards, which, according to Consumer Reports, vary widely in quality and comprehensiveness of information. Their ratings of those websites can be found [here](http://consumersunion.org/wp-content/uploads/2016/03/Chart-website-review-CR-blobs-all-states-FINAL-4.pdf).
Although the American Medical Association opposes public access to the NPDB, the National Physicians Alliance supports increased transparency for disciplinary information. Access to a doctor’s disciplinary history may help consumers to make informed decisions about the professionals from whom they receive their healthcare.
It is true that many doctors do not have a spotless record, but an isolated disciplinary action may be chalked up to a simple mistake, while a pattern of infractions may indicate to consumers that a particular provider is not a safe choice. Tellingly, half of the total medical malpractice payouts in the past 25 years have been attributed to less than 2% of doctors. Mistakes and misconduct are not always avoidable, but perhaps consumers should be able to use disciplinary information to mitigate the risk themselves.
