OMB Disciplinary Action v. Malpractice ClaimThe differences between an Oregon Medical Board (OMB) disciplinary action and a malpractice judgment or settlement are significant. OMB actions are issued against physicians, PAs, and acupuncturists (licensees) after a formal process of complaint, investigation, and hearing. OMB actions indicate a violation of the Medical Practice Act has occurred.
A medical malpractice claim is a legal action alleging a health care provider acted negligently, breaching the standard of care, resulting in harm to a patient. Malpractice settlements are sometimes handled by insurance companies who opt for settlement based on the terms of coverage, not the validity of the underlying claim. These terms may also authorize settlement of a claim without any consultation of the provider involved or an ultimate determination of fault. Malpractice claims are not always a reliable measure of a provider's competence or a violation of the law.
Reporting Malpractice Claims to OMBORS 742.400 requires insurers, self-insured entities, public bodies, and health maintenance organizations in Oregon to report notice and disposition of a claim filed in court.
The OMB requires licensees to report malpractice claim information during renewal of their license, see
renewal questions 6-8, unless the action or activity is included under a
mandatory report reported earlier.
Additionally, the OMB receives malpractice claim information from national databases.
OMB Review of Malpractice ClaimsThe OMB reviews malpractice claims through an initial review process. Malpractice claims that do not indicate a violation of state law (Medical Practice Act) are closed with no further action.
Malpractice claims that do not close during the initial screening process are assigned to a Board investigator to gather additional information. Usually these claims involve serious allegations (e.g., patient death, wrong site surgery). Additional information collected may include statements from witnesses, other healthcare providers involved in the care of the patient, records related to the matter, or a consultant's opinion. Once all relevant information is collected, it is presented to the Investigative Committee, a sub-committee of the Board. The Investigative Committee may request additional investigation or may forward the investigation to the Board. The Board ultimately decides whether to proceed to discipline.
OMB Malpractice Claims by the NumbersBetween January 1, 2019, and December 31, 2024, a five-year period, the OMB:
- Received 1,016 Malpractice Reports
- Opened Investigative on 303 cases
- Closed 16 investigations with a board action:
- 3 closed with Corrective Action Agreements
- 13 closed with Stipulated Orders
Posting and Public Access to Malpractice ClaimsORS 742.400(5)(a) requires the OMB to publicly online post a claim report if the claim results in a:
- Judicial finding or admission of liability, or
- Money judgment, award, or settlement that involves a payment to the claimant.
Otherwise, all claim reports submitted to OMB under the statute are available via a
public records request and may contain redactions as outlined in OAR 742.400, 192.355, and 192.398.
Licensee Support Being involved in a lawsuit can be a significant event requiring a great deal of time and effort, which can also be emotionally draining and stressful. The Board, investigators, and OMB staff understand this. Resources to help deal with the stress are available on the
Licensee Wellness page.