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Malpractice claims can be kept out of court, but not the NPDB

from Modern Healthcare (Login required)

HHS has ruled that all medical malpractice claims that include a written demand for payment must be reported to a national database even if the cases are resolved under state programs designed to settle the matters outside of court. The decision, issued with little notice in May, addressed Massachusetts and Oregon laws implementing the use of Disclosure, Apology and Offer methodology, which is designed to avoid lengthy court battles by promoting full disclosure of medical errors and allowing providers to apologize for harm they may have caused without having that apology used against them in court. more

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