Medical rules are
improvement, but should go further
THE STATE BOARD of Medical Examiners is to be commended for
proposing changes to state law that would give it more power to
investigate physicians, make it more likely that its disciplinary
actions won’t be overturned by courts and open more of those
activities to the public.
The proposals would make physicians’ self-policing system as
thorough and open to public scrutiny as any professional
disciplinary system in South Carolina, and superior to most such
systems.
Public attention has focused on the criminal background checks to
which new physicians could be subjected and on a new rule that would
allow the board to open cases to public review once it formally
charges a doctor with a violation.
But other changes are potentially more significant: A second
non-physician would be added to the board, and the board’s Medical
Disciplinary Commission, now composed entirely of doctors, would
have one lay person added for every three physicians. In addition,
judges would no longer be able to close records that the board has
opened to the public, and more precise definitions and procedures
should keep judges from overturning the board’s disciplinary
actions, as has happened in two notorious cases in the past
year.
The public would be better served if such reforms were approved
for all of the professions that are licensed by the state, from
accountants to veterinarians.
But while these proposals are a step in the right direction, they
don’t go as far as they should.
For one thing, the public still would be kept in the dark about
most complaints that are filed against physicians, learning only
about that small minority that the board determines to be worth
pursuing.
Defenders in the medical, legal and other professions say such
secrecy provisions are necessary to protect the reputation of
innocent people who are targeted by illegitimate complaints. But as
long as most complaints are kept secret, the public will never know
whether most are indeed without merit or whether the boards are
dismissing legitimate complaints in order to protect their
professions. Involving such a large number of non-physicians in the
discipline system should allay some of those concerns, but it won’t
do as much as simply opening the entire process to public
scrutiny.
What is most disappointing about the proposals is that they do
little, if anything, to make sure the Board of Medical Examiners
does a better job of protecting the public from careless or
incompetent doctors. While the board would have more and better
tools to police physicians, the new procedures still seem focused
primarily on doctors who abuse drugs or run pill mills or otherwise
engage in “misconduct.” The board is right to take those problems
seriously, but it should focus at least as much on physicians’
competence and diligence.
Many physicians acknowledge that their profession has not done
enough to reduce medical errors. They argue, correctly, that
lawsuits are not the best way to solve the problem: Most lawsuits
against doctors are over bad outcomes, not malpractice; and most
cases of actual malpractice don’t result in lawsuits, or in any
other punitive action. But simply supporting new procedures aimed at
systemic errors or wishing the lawsuits would go away isn’t a
sufficient answer to the problem. As long as the state operates a
self-policing system for physicians, its primary goal should be to
discipline that tiny minority of doctors whose carelessness or
incompetence truly poses a risk to patients. |