Perhaps you’ve read news articles about doctors receiving disciplinary actions by the medical board in the state in which they practice medicine and have thought the physician must also be guilty of medical malpractice. There is a significant difference between these two types of actions, however, and you should be familiar with how they compare, particularly if you are looking into a doctor’s background before deciding to seek his or her treatment.
Board actions are taken against physicians in an attempt to protect the public. They typically follow a formal complaint made by a patient, a subsequent investigation into the incident, and a hearing. The main purpose of these types of actions are not to punish the physician in question, although part of the action may include suspension or revocation of the doctor’s license, but are instead meant to protect the public from further errors on the part of a doctor who may need additional training.
Medical malpractice, on the other hand, is a much less exact science in that it does not follow such stringent guidelines as board actions, and is typically meant to punish the offending doctor. Although malpractice laws are complex and not every medical error is actionable, anyone has the right to file a medical malpractice regardless of evidence (although cases with no evidentiary foundation will not make it very far). Conversely, board actions only occur after a thorough investigation produces evidence of wrongdoing.
Additionally, medical malpractice settlements are often offered to avoid a court trial. This doesn’t necessarily involve the admission of guilt, whereas a board action against a physician indicates that the medical board has, indeed, proven that the doctor acted negligently in some fashion.
Another difference between the two is the public record of board actions. Sanctions imposed by a board are required to be reported to the Federation of State Medical Boards as well as several other medical associations and government agencies and are kept on record. This information is available to the public, allowing patients to research the background of a potential doctor prior to deciding to seek treatment with them. Medical malpractice settlements are not necessarily as easy to find, and some settlements include gag orders to keep the victim quiet.
The bottom line is, if you are attempting to avoid becoming a victim of malpractice, you may not be able to do so solely by checking to see if there have been any lawsuits against the doctor you are considering. It may make more sense to check with the medical board in your state to truly know the background of the physician you are about to entrust with your health.
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