California Medical Assn., medical board reach compromise

A bill calls for the state medical board to release more settlement information, add public members and be watched more closely.

By Andis Robeznieks, AMNews staff. Sept. 2, 2002.

It appears there will be some public disclosure of malpractice settlements in California now that the state medical association, medical board and Legislature have reached a compromise on the issue.

"It's a package that not everyone is thrilled with, but everyone can live with," said Bob McElderry, associate director of the California Medical Assn.'s center for government.

At press time, a bill reauthorizing and reorganizing the Medical Board of California was awaiting the signature of Gov. Gray Davis. Because passage of the bill is necessary to the continuation of the medical board until Jan. 1, 2006, McElderry says the governor has no choice but to sign it.

"This is a bill that, for all intents and purposes, the governor can't veto, because then the medical board would be eliminated statutorily," McElderry said. "The medical board is supporting the bill, and we just removed our opposition, so that lets you know where everything is."

The board's call for public disclosure of all malpractice settlements was a major sticking point, but the CMA agreed to a compromise.

Starting next year, the board will disclose whether a physician in a low-risk specialty has had three malpractice settlements above $30,000 in a 10-year period. For high-risk specialties, disclosure would occur after four settlements above $30,000.

Although the terms had not been defined, McElderry said specialties such as family practice, dermatology, pathology and radiology would probably be considered low-risk, while cardiovascular, neuro and some orthopedic surgery specialties, plus obstetrics-gynecology and some pediatric subspecialties would be labeled high-risk. [...]