|
|
PHYSICIAN PROFILES |
(THE INFORMATION IN THIS SITE
APPLIES TO GEORGIA ONLY)
Disclaimer: This is only one of the important Georgia Code sections that might apply to your medical malpractice claim. It is supplied here only for general background information and should not be relied upon without reviewing your legal situation with a lawyer and also making sure you are using the annual version of the code that applies to your situation. That may or may not be the version of the code that was in existence on the date of the incident. Other codes and case law may also apply.
43-34A-3.
(a) The Composite State Board of Medical Examiners shall create
physician profiles on each physician licensed to practice in this state under
Chapter 34 of this title.
(b) In creating physician profiles, the board shall by
regulation establish a standard form for the collection and dissemination of
such data to the public, including dissemination on the Internet. The
information may be gathered from the physician, the board, medical malpractice
insurers, hospitals, medical and specialty societies, and other appropriate
sources. The information shall be compiled in a form which can be disseminated
to a member of the public upon request. Additionally, the board shall include
in a physician's profile comments submitted by the physician regarding
information published in the physician's profile. Such comments shall not
exceed 100 words. The physician shall have 30 days to submit comments from the
date of receipt of the profile or any amended profile if the amendment relates
to malpractice, hospital staff privileges, or disciplinary action.
(c) The physician profile shall include the following
information:
(1) The full name of the physician;
(2) Names of medical schools attended, dates of attendance, and
date of graduation;
(3) The location and dates of graduate medical education;
(4) Specialty board certification, if applicable. The toll-free
number of the American Board of Medical Specialties shall be included to
verify current board certification status;
(5) The fact that a license has been granted by reciprocity
under Code Section 43-34-31, if applicable;
(6) The number of years in practice and locations;
(7) Current hospital privileges;
(8) The location of primary practice setting;
(9) If requested by the physician, identification of any
translating services available at the primary practice setting;
(10) Participation in the Medicaid program, if applicable;
(11) Criminal convictions for felonies, irrespective of the
pendency or availability of an appeal;
(12) Felony charges to which a plea of nolo contendere was
entered;
(13) A description of any final, public disciplinary action by
a regulatory board and a description of any second or subsequent final private
reprimand by a regulatory board. As used in this paragraph, the term
'regulatory board' refers to:
(A) The Composite State Board of Medical Examiners and its
counterpart in any other state; and
(B) Any state licensing board in Georgia or in any other state;
(14) A description of any final revocation or any final
disciplinary action resulting in any restriction of hospital privileges,
either involuntary or by agreement, for reasons related to competence or
character in the most recent ten years. No such revocation or restriction
taken prior to April 11, 2001, shall be included in the physician's profile;
(15) Resignation from or nonrenewal of medical staff membership
or the restriction of staff privileges at a hospital taken in lieu of or in
settlement of pending disciplinary action related to competence or character
in the most recent ten years. No such action taken prior to April 11, 2001,
shall be included in the physician's profile;
(16) Final medical malpractice court judgments or medical
malpractice arbitration awards entered on or after April 11, 2001, in which
payment in excess of $100,000.00 is awarded against the physician to the
complaining party. No such judgments or awards prior to April 11, 2001, shall
be included in any physician's profile. No such medical malpractice court
judgments or medical malpractice arbitration awards which occurred more than
ten years prior to the date of the profile shall be included in any physician
profile;
(17)(A) Medical malpractice settlements, including the monetary
amount of each such settlement, in which payment in excess of $300,000.00 is
made by or on behalf of and attributable to the physician to the complaining
party. No such settlement occurring prior to April 11, 2001, shall be included
in any physician profile. No such settlement which occurred more than ten
years prior to the date of the profile shall be included in any physician
profile.
(B) Medical malpractice settlements, including the monetary
amount of each such settlement, if three medical malpractice settlements have
been made by or on behalf of and attributable to the physician to the
complaining party and payment in excess of $100,000.00 has been made by or on
behalf of and attributable to the physician in any one or more of such
settlements. No such settlement occurring prior to April 11, 2001, shall be
included in any physician profile nor shall any such settlement be included
for the purpose of determining whether three medical malpractice settlements
have been made by or on behalf of and attributable to the physician. No such
settlement which occurred more than ten years prior to the date of the profile
shall be included in any physician profile nor shall any such settlement be
included for the purpose of determining whether three medical malpractice
settlements have been made by or on behalf of and attributable to the
physician.
(C) All medical malpractice settlements, including the monetary
amount of each such settlement, if four or more medical malpractice
settlements have been made by or on behalf of and attributable to the
physician to the complaining party, regardless of the amount of the payment
made by or on behalf of and attributable to the physician in any such
settlement. No such settlement occurring prior to April 11, 2001, shall be
included in any physician profile nor shall any such settlement be included
for the purpose of determining whether four or more medical malpractice
settlements have been made by or on behalf of and attributable to the
physician. No such settlement which occurred more than ten years prior to the
date of the profile shall be included in any physician profile nor shall any
such settlement be included for the purpose of determining whether four or
more medical malpractice settlements have been made by or on behalf of and
attributable to the physician.
(D) Any disclosure under this paragraph shall be accompanied by
the following statement:
'Settlement of a claim may occur for a variety of reasons which
do not necessarily reflect negatively on the professional competence or
conduct of the physician. A payment in settlement of a medical malpractice
action or claim should not be construed as creating a presumption that medical
malpractice has occurred.';
(18) Pending malpractice claims shall not be disclosed;
(19) The board may, in its discretion, include additional
statements describing the experience or pattern of awards, judgments, or
settlements of the physician. Information concerning paid medical malpractice
claims may be put in context by comparing an individual licensee's medical
malpractice judgments, awards, or settlements to the experience of other
physicians within the same specialty;
(20) Any complaint or grievance filed with the board and upon
which the board took disciplinary action, including a description of the
nature of the complaint and the resolution; and
(21) All violations of this chapter.
(d) The physician profile may include information relating to:
(1) Appointment to medical school faculties within the most
recent ten years;
(2) Articles in professional publications and journals; and
(3) Professional or community service membership, activities,
and awards.
(e) The physician profiles shall be updated by the board as
required in this subsection:
(1) The profile items listed in paragraphs (11) through (17) of
subsection (c) of this Code section inclusive shall be reported to the board
by the physician involved within ten days of the judgment, award, settlement,
revocation, resignation, or disciplinary action, and the board shall update
the physician's profile with such changes within ten days of receipt of such
information; and
(2) All other changes to the physician profile shall be
reported by the physician to the board within 30 days of the change, and the
board shall verify and update the physician profile with such new information
within 15 days.
(f) The physician may request a copy of the profile and may
submit corrections to the board. The board shall verify corrections and make
changes to the profile within five business days of receipt of the corrected
information by the board. The physician may request postcorrection publication
by the board to whomever received the profile containing the error.
(g) Notwithstanding the provisions of subsection (c) of this
Code section, no final medical malpractice court judgment, medical malpractice
arbitration award, or medical malpractice settlement which was awarded prior
to April 11, 2001, and which was sealed by order of a court prior to April 11,
2001, shall be required to be disclosed pursuant to subsection (c) of this
Code section. No final medical malpractice court judgment, medical malpractice
arbitration award, or medical malpractice settlement which is awarded on or
after April 11, 2001, shall be confidential or sealed with regard to
information which is needed to comply with the purposes of this chapter.
43-34A-4.
Any person or entity has the right to receive a physician
profile from the board upon request. Requests for physician profiles shall
be accepted by the board by telephone, in writing, or by electronic mail.
The person or entity requesting the profile shall provide the name of the
physician for whom a profile is sought. The board may charge a nominal fee
for copying as is permitted under subsection (c) of Code Section 50-18-71.
The board shall not require the person or entity requesting a physician's
profile to use a specific request form or provide a statement of reason for
requesting the profile. The board shall not be required to prepare reports,
summaries, or compilations of profiles not in existence at the time of the
request. The board shall keep both the identity of the person or entity who
requests a physician's profile and the request confidential. The board must
respond to all requests within three business days by sending a copy of the
physician profile to the requester. Fees may be charged in accordance with
subsection (c) of Code Section 50-18-71. A physician may make available his
or her current unaltered board approved profile to the patients in his or
her practice. The physician may not knowingly disperse a profile that does
not disclose recent disciplinary actions, criminal convictions, revocations
or restriction of hospital privileges, settlements, medical malpractice
judgments, or arbitration awards as set forth in paragraphs (11) through
(17) of subsection (c) of Code Section 43-34A-3.
|
SERVING ALL OF FLORIDA
E-mail:
|
|
MALPRACTICE QUESTIONS | LOOK UP DOCTORS | DO I HAVE A GOOD CASE? | LIVING WILLS |
|
STATUTES | CASE REPORTS | NURSING HOMES | LINKS | TORT REFORM! |
|
ABOUT US | CONTACT US | SITE MAP | HOME |
|
This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
|
Copyright 1997-2006 - McMillen
Law Firm * A Professional Association |