Tuesday, August 12, 2008

Michael Skolnik Medical Transparency Act

The Colorado Board of Medical Examiners (the “Board”) has implemented the requirements of the Michael Skolnik Medical Transparency Act (the “Act”), which was enacted in 2007 by the Colorado General Assembly. The Act requires all physicians who submit an application for an initial license to practice medicine on or after January 1, 2008 to disclose certain information that is accessible to the public. Physicians who make an application to reinstate or reactivate an existing license are also subject to the Act’s requirements. Physicians who hold an active or inactive license issued by the Board or who applied for a license prior to January 1, 2008 are not required to comply with the Act until the May 31, 2009 license renewal period.

Information Available Under the Act
The Act requires basic personal information such as name, aliases, address and telephone number. The Act also requires the following information from the physician:
  • Information on all medical licenses ever held
  • Affiliations with hospitals and health care facilities
  • Board certifications and specialties
  • Current employment contracts
  • Current ownership interests in businesses related to health services

In addition, the Act requires the following information about prior disciplinary proceedings, malpractice claims or loss of privileges or insurance:

  • Public disciplinary actions against a medical license
  • Agreements and Stipulations to temporarily cease medical practice
  • Involuntary hospital or health care facility privileging actions
  • Involuntary surrender of a DEA registration
  • Criminal convictions or plea arrangements for felonies and crimes of moral turpitude
  • Judgments, settlements and arbitration awards for medical malpractice claims
  • Refusal by an insurance carrier to issue medical liability insurance

The Act also requires physicians to report a conviction for a crime within 30 days of the entry of the judgment and sentence for the crime, even if the conviction is subject to an appeal.

History Behind the Michael Skolnik Medical Transparency Act
The Act is named after Michael Skolnik, a 22 year-old who suffered brain trauma. A surgeon performed surgery on Skolnik, and Skolnik’s family alleged in their malpractice lawsuit that the surgeon jostled Skolnik’s brain during surgery. Skolnik required constant care, and died two years later, with $4.8 million in medical bills. Skolnik’s family later learned that the surgeon had only performed the procedure once before, and had a prior malpractice claim against him. Skolnik’s family contended that they would never have selected this surgeon had they known about his lack of experience and the prior malpractice claim.

Colorado is the 16th state to allow for the publicizing of malpractice claims against doctors. The Act extends beyond merely publicizing malpractice claims to provide consumers with information relevant to making an informed choice in selecting a physician. Please note that as of the date of this blog entry, only a limited number of physician’s profiles are available under the Act. Eventually, all physicians will have their profiles listed in compliance with the Act.

Medical Malpractice Claims Require Experienced Legal Counsel
Thank you for reading our blog. If you or a loved one have suffered a serious injury or death due to medical malpractice, contact us for immediate assistance. Please note that our postings do not constitute legal advice and your comments will not be treated as confidential. If you wish to discuss your legal matter with us, please contact our office for a consultation.

2 comments:

Jonathan Paul said...

Hi ! Thanks for that insight! It has really helped me understand a lot! This is very informative and well-formatted. Please keep on updating..

Any type of medical staff can be held liable for instances of medical negligence. Patients have the legal right to assume the care given to them by medical professionals is at a certain minimal standard and when this has not occurred a medical negligence case may be present. If you or a family member believes treatment received may have been considered medical negligence you are advised to contact a medical negligence lawyer. Visit No Win No Fee Claim for more information.

Sweet Eshleman Marie said...

This blog is truly awesome in all aspects. redirected here