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Malpractice and the National Practitioner Data Bank: what OR nurses need to know.

The National Practitioner Data Bank will record any payments made for any reason related to a malpractice suit in a central data bank available to a number of designated parties. Hospitals will be required to request this information to screen applicants and at least every 2 years for appointment renewals. The data bank may also be consulted by hospitals and state licensing boards as they deem necessary and by professional societies when reviewing membership applications. It is in the best interests of all malpractice defendants to insist on adequate representation of their personal, professional, and financial interests, which may necessitate insurance carriers providing each defendant with individual counsel.

Databases, Factual↗

"Black marks on your soul"--the National Practitioner Data Bank.

In 1986, Congress mandated establishment of a National Practitioner Data Bank. The goal was to improve the quality of medical care by creating an environment to weed out impaired or incompetent physicians. The authors discuss the effects of the Bank since it became operational on September 1, 1990.

Clinical Competence↗

National Practitioner Data Bank--incomplete and future cloudy.

Nearly six years after the National Practitioner Data Bank was authorized by Congress in the Health Care Quality Improvement Act of 1986, and more than a year after its actual creation, the device is still only partially operational. What is more, the success of even those limited efforts is being questioned, and the timetable for future developments remains to be firmed up. Also, the costs are much higher than estimated.

Confidentiality↗

Use of National Practitioner Data Bank disclosure information for decision making.

Hospital, state licensing boards, and managed care organizations query the National Practitioner Data Bank to receive malpractice payment and adverse licensure or clinical privileges reports concerning licensed health care practitioners. The results of a national survey of queriers strongly suggest that Data Bank reports impart valuable information that affects licensing and credentialing decisions. Thus, the Data Bank is fulfilling the role lawmakers intended in improving the quality of health care.

Data Collection↗

National Practitioner Data Bank: more guidelines, more problems.

The complex reporting requirements under the National Practitioner Data Bank are further complicated by numerous exceptions and conflicting interpretations. Even after two years of operation, many physicians and reporting entities are unfamiliar with the system and its problems. In an apparent attempt to clarify the requirements, the Department of Health and Human Services, in 1992, issued a supplement to its 1990 guidebook for users. Unfortunately, this supplement causes even greater confusion and fails to correct existing inconsistencies with respect to such critical issues as summary suspension and medical malpractice settlement reporting.

Documentation↗

National Practitioner Data Bank; change in user fee and elimination of diskette queries--HRSA. Withdrawal.

National Practitioner Data Bank; Change in User Fee and Elimination of Diskette Queries notice, document 98-2637, pages 5811-5812, Volume 63, Number 23, in the issue of Wednesday, February 4, 1998, was published in error and is withdrawn from publication. The correct version of the notice was published on Thursday, January 29, 1998, Document No. 98-2116, Volume 63, Number 19, page 4460.

Fees and Charges↗

Impact of the National Practitioner Data Bank on resolution of malpractice claims.

Policymakers and commentators are concerned that the National Practitioner Data Bank (NPDB) has influenced malpractice litigation dynamics. This study examines whether the introduction of the NPDB changed the outcomes, process, and equity of malpractice litigation. Using pre- and post-NPDB analyses, we examine rates of unpaid claims, trials, resolution time, physician defense costs, and payments on claims with a low/high probability of negligence. We find that physicians and their insurers have been less likely to settle claims since introduction of the NPDB, especially for payments less than dollars 50,000. Because this disruption appears to have decreased the proportion of questionable claims receiving compensation, the NPDB actually may have increased overall tort system specificity.

Attitude of Health Personnel↗

The National Practitioner Data Bank and anesthesia malpractice payments.

A publicly available SPSS database was obtained at the National Practitioner Data Bank website (www.npdb-hipdb.com). After analysis, we found that between 1991 and 2004, there were 276,274 medical malpractice-related payments in the United States. During that period, 8297 anesthesia-related malpractice payments were made on behalf of practitioners in the United States. When adjusted for population growth, there was a 27.7% decrease in the annual number of anesthesia malpractice payments per 100,000 people during the period 2001-2004 as compared with the period a decade earlier 1991-1994 (0.26 versus 0.19). Also, the median anesthesia malpractice payments, adjusted to 2005 dollars, increased significantly from 1991 to 1994 and 2001 to 2004 (69,330 dollars versus 205,222 dollars). We conclude that over the past 14 yr, whereas the number of anesthesia malpractice payments has decreased, the median payment of cases has increased.

Adolescent↗

National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners; payment of fees--HRSA. Final rule.

This final rule amends the existing regulations governing the National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners (the Data Bank) authorizing the reporting and release of information concerning: Payments made for the benefit of physicians, dentists, and other health care practitioners as a result of medical malpractice actions or claims; and certain adverse actions taken regarding the licenses and clinical privileges of physicians and dentists. This final rule removes restrictions on allowed methods of payment for Data Bank fees.

Dentists↗

The role of the national practitioner data bank in the credentialing process.

Federal law requires hospitals and permits other entities to seek information from the National Practitioner Data Bank (NPDB) but places no requirements on how that information should be used. Our survey of NPDB users demonstrates that although the NPDB has generated substantial controversy and its information is nominally available from other sources, it still plays an important role in the credentialing process. Most institutions make timely NPDB inquiries that facilitate widespread use of the information in credentialing activities (4-5 individuals or committees). However, in 3% to 7% of cases, a decision was reached before the institution had the NPDB report. Between 5% and 30% of privileging and licensure applications involving an NPDB report were not granted "as requested," suggesting the NPDB data are important to the process. Unfortunately, underreporting was also evident: 60% to 75% of reportable actions were not reported, limiting the information to which health care entities have access.

Credentialing↗

National Practitioner Data Bank.

Recently the federal government started keeping records relating to the conduct and competence of doctors. This article will discuss the National Practitioner Data Bank and how it relates to optometry. Potential problems are raised by the author while the need and benefits of such a program are left for future discussion.

Humans↗

Participation in the National Practitioner Data Bank--Department of Veterans Affairs. Final rule.

This rule sets forth the policy of the Department of Veterans Affairs (VA) for participation in the National Practitioner Data Bank (Data Bank). VA will request information from the Data Bank concerning physicians, dentists and other health care practitioners who provide or seek to provide health care services at VA facilities and will also report information to the Data Bank regarding malpractice payments and adverse clinical privileges actions. The intended effect of this policy is to participate in the Data Bank for the purpose of promoting better health care at VA and non-VA health care facilities.

Documentation↗