Medical Malpractice Reporting - Frequently Asked Questions
The laws that govern mandatory malpractice reporting to the Medical Board of California (MBC) are
found in California Business & Professions Code Sections 801.01 and apply
to professional liability insurers, self-insured governmental agencies, physicians and/or their attorneys, and employers. Click here to access these laws.
Reporting Requirements:
- Does a physician have to be named on a report if the settlement is on behalf of the corporation/group, etc.?
Yes.
- What if the malpractice claim was filed strictly due to a "system" problem and did not pertain to any care and treatment by a physician?
If the malpractice action strictly involved a "system" problem, a report need not be filed with the MBC.
- What if the care involved a non-physician provider?
A report need not be filed with the MBC but there may be reporting requirements to other professional licensing boards or bureaus.
- Is a report to the Medical Board required if a settlement, judgment or arbitration award (or a specified portion thereof) is attibuted to an individual who was an unlicensed resident at the time of the incident?
No. Reporting is intended to alert the Medical Board to situations where a licensed practitioner may be negligent or incompetent in his or her professional practice. Residents, interns, and medical students have not established that they possess the minimum entry level competence. The purpose of the statute requiring reporting is not served by requiring a report where the incident occurred before the practitioner became licensed.
Settlement Apportionment:
- How does a reporting entity apportion a specific amount to individual physicians if the settlement is paid on behalf of the corporation/group, etc.?
Unless the settlement/judgment/arbitration award specifically apportions an amount to each particular physician named in the claim or action, the Medical Board will attribute the full amount of the award to each physician named.
- If a report of a settlement over $30,000 is submitted but the amount apportioned to each physician is under $30,000, will the report be counted as a settlement against the individual physician as part of the accumulated totals which may result in public disclosure?
No.
- If a report of a settlement over $30,000 is submitted on behalf of a corporation, group, etc., but no amount is apportioned to the physician named, will the report be counted as a settlement against the individual physician as part of the accumulated totals which may result in public disclosure?
A report need not be filed with the MBC but there may be reporting requirements to other professional licensing boards or bureaus.
- Is a report to the Medical Board required if a settlement, judgment or arbitration award (or a specified portion thereof) is attibuted to an individual who was an unlicensed resident at the time of the incident?
Yes. If no amount is shown as Paid on Behalf of the Physician, the Board will attribute the entire amount of the settlement to the named physician.
Medical Board Processing:
- What happens when a report is filed with the Medical Board of California?
Medical Board staff in the Central Complaint Unit review all information provided to determine whether a violation of the Medical Practice Act occurred. Each named physician is given an opportunity to respond.
Public Disclosure:
- When does information get posted to the Board's Web site?
Judgments and arbitration awards are posted upon receipt. Settlements resolved after 1-1-03 are disclosed after a physician has accumulated three or four settlements within a 10-year period (depending upon the specialty of the physician).
- What should a physician do if he or she disagrees with the information posted on the Medical Board Web site?
Physicians should contact the entity who reported the information to the Medical Board.
