Medical Malpractice Memo

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Multiple reports must be made when a payment is made on behalf of a practitioner in a medical malpractice suit. This memo will detail the statutorily required information that must be reported to both the National Practitioner Data Bank (“NPDB”) and the Texas Medical Board once it is determined that a report is required. Two checklists have been provided at the end of this memo to ensure that all of the required information is included in the report.
Discussion
National Practitioner Data Bank As required by law, eligible entities must report medical malpractice payments made for the benefit of a practitioner to the National Practitioner Data Bank (“NPDB”). Additionally, the entity must submit the report to the state licensing board as well.
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This information includes the practitioner’s name, work address, and date of birth. If the reporting entity knows the practitioner’s home address and social security number, which was obtained in accordance with section 7 of the Privacy Act of 1974, this information should be reported as well. Professional licensing information to be reported includes the practitioner’s license number, the field of licensure, and the name of the state or territory in which the license is held. If known by the reporting entity, the drug enforcement administration registration number and the name of each hospital the practitioner is affiliated with should be …show more content…
Under the statutes governing the Texas Medical Board, there is additional, and perhaps, more specific information that must be reported. However, whereas the NPDB required three different categories of information, the report required for the Board does not have distinct categories of information.
An insurer, the definition of which includes a hospital in some instances , shall report to the Texas Medical Board (“Board”) a complaint filed against an insured in a court, settlement of a lawsuit made on behalf of the insured, or settlement of a claim without the filing of the lawsuit. If the insurer does not report this information, the licensee physician is obligated to make sure that it is reported to the Board. The reporting entity has thirty days from the time a complaint is received or a settlement is made to furnish the report to the board.
The following information is all that is required under the Texas Medical Board Act: “(1) the insured and the insured’s Texas medical license number; (2) the policy number; (3) a copy of the complaint or settlement; and (4) a copy of any expert report filed under Section 74.351, Civil Practice and Remedies Code.” Additionally, the board also requires that the date of judgment, dismissal, or settlement; amount of the settlement or judgment; and whether an appeal has been taken by a

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