Contents Legal system Malpractice Introduction Four major elements Process of a suit Discovery The trial Consequences HCQIA oversight FAQs Avoiding malpractice Medical record Patients' rights QUIZ

Governmental Oversight The Health Care Quality Improvement Act (HCQIA) of 1986 established the National Practitioner's Data Bank (NPDB), administered by U. S. Department of Health and Human Services, and serves to encourage good-faith peer review activities as well as to restrict the ability of incompetent licensed healthcare practitioners to practice. Specifically, HCQIA requires that: Health care entities and State Boards of Medical Examiners report certain information to the NPDB; and Hospitals and health care entities request information from the data bank whenever a practitioner applies for privileges and after every two years on staff. Information kept in National Practitioner's Data Bank (NPDB) include: Name Work address Home address Social security number Date of birth Name of each professional school attended, with year of graduation Drug Enforcement administration (DEA) registration number Name of each hospital with which the practitioner is affiliated Each time a malpractice claim is settled, information regarding that claim is then entered into the NPDB. Information which is reported about each claim includes: Information about the entity or person making the malpractice claim When the claim has been filed with an adjudicative body: the name of that body and the case number The date(s) on which the act(s) or omission(s) occurred that gave rise to the action or claim Date of judgment or settlement Amount paid, date of payment, and whether the payment is for a judgment or settlement, along with any conditions affecting payment A description of the act(s) or omission(s) and injuries claimed