Massachusetts law increases access to data on doctor discipline, negligence.

Consumers in Massachusetts are about to learn a lot more about their doctors, or at least they'll be able to if they want to. Gov. William Weld recently signed legislation that will give consumers unprecedented access to information about doctors licensed to practice in that state.

By dialing a toll-free number or connecting to the Internet, anyone will be able to find out whether any Massachusetts doctor has in the past 10 years paid a medical malpractice award or settlement, been subject to disciplinary action, or been convicted of certain felonies and misdemeanors.

The law is the first of its kind in the nation, but other states may soon follow Massachusetts's lead. Diedre Cummings, consumer program director for the Massachusetts Public Interest Research Group, said that proposals for similar physician profiling legislation are being considered in at least two other states.

Consumers can begin using the toll-free number this fall. Sometime next year, the Board of Registration in Medicine, a licensing agency, is scheduled to put the information on the Internet and on CD-ROM disks, which will be provided to public libraries.

Some of the information--like medical negligence verdicts--is a matter of public record and was available to consumers before the new law was enacted. But until now, access to information about out-of-court settlements and some disciplinary actions has been limited. Nor, Cummings added, has the data between housed in one easy-to-access repository.

Critics of the law saw the information may mislead consumers because doctors who practice in high-risk specialties--like obstetrics and gynecology--are the targets of malpractice suits more often than those who do not.

Bogus Argument

Cummings dismissed that argument as "insulting" and said that consumers are capable of weighing the information provided and making informed decisions for themselves. And, Cummings noted, malpractice data will be put into context for consumers--instead of reporting specific dollar amounts, for example, the registration board will tell consumer; whether or not a doctor's verdict or settlement payments are below, at, or above the average paid by all Massachusetts doctors and those who practice in the same specialty.

As an added precaution, Cummings said, a doctor's profile will contain a disclaimer explaining to consumers that "settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement . . . should not be construed as creating a presumption that medical malpractice has occurred."

Although many of the law's attics are doctors, the legislation was first proposed by the Massachusetts Medical Society (MMS), an association of more than 16,000 doctors and medical students, after the Boston Globe published a series of reports about the state's failure to adequately discipline bad doctors and report misconduct to the public.

"We filed this bill 18 months ago because we're committed to meeting the needs of our patients. We know that patients want more information about their physicians, and this bill will meet patients' needs," said MMS President Joseph Heyman shortly after the legislation was passed by the state legislature.

In an article recently published in the society's monthly newsletter, Vital Signs, Heyman told members that had the MMS not drafted a profiling bill, some one else would have, and that legislation might have required disclosure of information that the society opposed--including all malpractice claims fried and the denial or restriction of third-party payor participation or enrollment. "Physicians would have been criticized for trying to prevent the public from receiving accountable medical care," Heyman wrote.

In addition to data on malpractice verdicts and settlements, disciplinary actions, and criminal convictions, the profiles will also include information about revocation or involuntary restriction of a doctor's hospital privileges, the doctor's educational background, years in practice, hospital privileges granted, and Medicaid participation.

Doctors can choose to include information about published articles, community service awards, and specialty certifications.