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Comment & Response
March 10, 2015

Medical Liability and Reporting Malpractice Payments—Reply

Author Affiliations
  • 1Stanford Law School, Stanford, California
  • 2Department of Medicine, Stanford University School of Medicine, Stanford, California
  • 3Department of Medicine, Harvard Medical School, Boston, Massachusetts
JAMA. 2015;313(10):1058-1059. doi:10.1001/jama.2015.0688

In Reply Dr Morreim suggests that requirements that malpractice payments be reported to the NPDB do not pose as great an obstacle to fully realizing the promise of communication-and-resolution programs as our article indicated. Unfortunately, we do not share her optimism.

Morreim’s view is premised on the argument that reporting requirements are narrower than many believe because of 2 exceptions: claims paid directly by physicians themselves (rather than through liability insurers) and payments made in response to verbal claims (rather than written ones). In practice, however, it is these exceptions that are narrow.