Plan to post malpractice data irks docs

RALEIGH -- Opponents of the N.C. Medical Board's proposal to post medical malpractice payouts on its Web page said today the new effort would be unfair to doctors and patients.

The plan would breach confidential settlement agreements and create confusion about whether care was actually substandard, the opponents said.

The medical board held a public hearing today at its offices to gauge reaction to the plan to add a public posting of all medical malpractice claims, even those that had been settled years ago. That retroactive proposal, in particular, was unpopular among doctors, their insurers, and the lawyers who defend them against malpractice lawsuits.

Of 25 people who spoke this morning, many opposed posting older medical malpractice claims. In many cases, both doctors and patients entered settlements that were confidential. By posting a settlement and naming the doctor, the identity of the patient could be ascertained from public court records.

"Most medical malpractice cases do not involve substandard care," said Hadley Callaway, president of the N.C. Medical Society, a lobbying organization that represents 12,000 doctors and physician assistants. "We feel it would be a disservice to the public and to physicians and physician assistants to post every settlement or judgment."

But others, including patients, malpractice lawyers and a leader of the AARP North Carolina, said the new rules would shed light on how doctors practice and offer a way for the public to make decisions about who they want to provide their medical care.

"Give people credit for having a little common sense," said Wanda Nicholson of Raleigh, whose husband, Ed, suffered leg damage after back surgery in 2003. The Nicholsons said they had not sued the doctor, but would have appreciated knowing if Ed's surgeon had other malpractice payouts.

"People don't think their doctors are perfect, but where there's smoke, there may be fire," she said.

The medical board's chairwoman, Dr. Janelle Rhyne, said comments from the public hearing would be added to e-mail comments and letters that the board has received as members discuss when and how to provide the medical malpractice information.

The board is slated to make a decision at its meeting next month.