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Understanding the California Business and Professions Code: Reporting Requirements

Professions CodeRegulated under the Medical Board of California (MBC), the California Business and Professions Code (Section 801.01) houses professionals of liability insurers, insured governmental agencies, physicians, the legal community, all employees who are held accountable for their actions, and the reporting of all instances of alleged medical errors that may lead to a medical malpractice suit.

The MBC also regulates and monitors compliance requirements and disclosures of the following:

  • Reporting Requirements;
  • Settlement Apportionment;
  • Medical Board Processing; and
  • Public Disclosure.

It has been reported that one in every 14 medical professionals will be named in a medical malpractice suit annually. This study was conducted by the Harvard Medical School and was published in The New England Journal of Medicine.

For anyone considering a medical career, familiarizing oneself with the reporting requirements under the California Professions Code should be of the highest priority.

In this installment, the following possible scenarios regarding reporting requirements of the California Business and Professions Code are explored.

Reporting Requirements

Scenario #1

When a report has been filed by a corporation or group, it is not required for the attending to be named in the report, especially if the situation was found to be a systematic error outside of the direct care objectives ordered by the involved attending.

Scenario #2

When an error has occurred involving a non-physician provider, a report is not required to be filed with the MBC but may be required by other professional licensing boards or bureaus.

Scenario #3

In the event a settlement, judgment, or arbitration has been awarded naming an unlicensed resident at the time of the incident, the MBC does not require reporting of possible medical misconduct as the resident has yet to establish entry level competence.

Scenario #4

When a California licensed attending physician is involved in an out-of-state medical malpractice complaint, the MBC only requires a detailed report if the awarded settlement was $30,000 or higher and was the result of alleged negligence, error or omission.

Speak with a Skilled Medical Malpractice Lawyer Today

Mandatory reporting can help prevent injuries by ensuring questionable situations are investigated, but it does little to serve those who have already been injured. At Corsiglia McMahon & Allard, L.L.P., we take a more personal approach to medical malpractice. Our San Jose medical malpractice attorneys directly serve clients who have been injured due to acts of alleged negligence. To report and discuss the specifics of your case, contact our offices for a consultation today.

Sources
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My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.