Medical Malpractice Secrecy Continues

August 22, 2007 by Tony Caggiano

A Florida doctor charged with medical malpractice and disciplinary allegations by the state faces a panel of peers who will examine his alleged mishandling of more than 10 cases, including what court documents describe as ''numerous patients deaths.'' However, the proceedings are secret. The public can't attend. When the panel reaches a decision, that, too, will be secret. If the peers decide against their report will go only to state regulators, who will conduct more closed hearings.

Even as state and local governments boast about how they are making healthcare information more available to the public, expanding websites with tons of data on hospitals and pricing, this case involving surgeon Alex Zakharia shows how much about a doctor's performance still remains hidden.

In 2004, Florida voters passed a constitutional amendment giving the public access to knowledge about botched care -- including the results of hearings like this one. But the amendment has been mired in court cases. Very little, if any, information has reached the public.

Sidney M. Wolfe, a physician with the Washington-based Public Citizen consumer group, says the healthcare industry often protects physicians. ``Doctors like to protect other doctors.''
Because problem doctors frequently slip from state to state or hospital to hospital, a federal law established the National Practitioner Data Bank, which compiles doctors' disciplinary actions, large malpractice judgments and hospital dismissals. That broad data bank is available only to select healthcare professionals. The public is denied access.

While most people want to believe and trust doctors, it is obvious that there are some who do not deserve such trust. Sadly, the medical association has such clout in Tallahassee and nation-wide that health care consumers may never have access to the information they need to be able to make an informed decision about the doctor they choose. Of course, this only hurts consumers and the majority of good doctors.