In Colorado a new law takes effect in 2009 that requires doctors registering in Colorado to include any public disciplinary action taken against the doctor.  This is a step in the right direct - a baby step - but a step non-the-less.  I would like to see Utah adopt a similar program however I do not think it will happen any time soon.

I say this new law is a baby step because most of the medical malpractice committed never sees the light of a public investigation.  Typically when a physician malpractices the medical insurance carrier steps in and settles the case with the victim if liability is clear.  In order to receive settlement the victim often agrees to a confidentiality clause in the release that restricts them from making public anything regarding the settlement.  Such a settlement would never show up on a public reprimand.

Furthermore, when a physician is alleged to have commited malpractice, liability not being clear, and that case goes to trial and the victim loses that case, although publicly available,would probably not appearas a public reprimand.  Arguably the doctor was not found liable so the case should not appear anywhere.  Alternatively, if the doctor is found not to be liable at least one of his patients thought he was harmed to justify a lawsuit - is that something you, as a potential patient, would like to know about your doctor?

There are many on-line resources for lists of questions you need to ask your potential surgeon before allowing him or her to perform surgery on you.  Some of these resources are:

• U.S. Department of Health & Human Services
• Medicinenet.com
• American Society of Anesthesiologists
• About.com - Women's Health

• Ask the doctor if he or she has ever been sued for medical malpractice - and then check with the courts to see if true
• Ask if the doctor has ever been disciplined by anyone regarding anything and then ask the doctor how you go about checking their answer
• Ask the doctor if he knows the infection rate of that facility where your surgery will be performed
• Ask the doctor what the rates are regarding his infection rate

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