The Healthcare Defender

When our physician clients receive a civil complaint for alleged medical malpractice, they inevitably ask about the potential impact on his or her medical license.  The answer is nuanced.  It depends on several factors and the ultimate outcome of the civil action.   

At the outset, unlike other jurisdictions, West Virginia physicians are not required to make a report to the West Virginia Board of Medicine (the “Board”) merely because they were named in a lawsuit.  Generally, in circumstances where a duty report a lawsuit exists, it arises when the case settles or – in the absence of a settlement – if the jury finds liability against the physician.  If the jury determines that the physician did not breach the standard of care, the physician’s involvement in the lawsuit need not be reported to the Board.

Even in the absence of a settlement or finding of liability, the Board has wide discretion in initiating disciplinary proceedings.  It may initiate a disciplinary proceeding independently or if it receives information from an outside source.  For example, a party who files a complaint for medical malpractice may also make a report to the Board.  West Virginia law authorizes the Board to investigate such complaints, if it so chooses, irrespective of whether the civil action has resulted in a settlement or finding of liability against the physician.   

While the Board has wide discretion in initiating disciplinary procedures, the West Virginia Code requires the Board to investigate the factual circumstances underlying a lawsuit if the Board receives notice of either of the following within a five-year period: 

• three or more judgments arising from medical professional liability have been rendered against the physician; or
• any combination of judgments or settlements resulting in five or more unfavorable outcomes arising from medical professional liability.

Notably, under West Virginia law, the Board “may not consider any judgments or settlements as conclusive evidence of professional incompetence or conclusive lack of qualification to practice.”  In other words, the Board is required to conduct its own investigation and make its own findings before it administers discipline against a medical license.  

At bottom, merely being named in a lawsuit does not necessarily lead to an investigation by the Board.  The Board is required to initiate an investigation if three or judgments have been rendered against a physician, or if the physician has been involved in five judgments or settlements arising from medical professional liability.  Otherwise, the Board acts within its discretion in investigating alleged malpractice.  But before it disciplines a licensee, the Board must independently determine that the licensee has violated an applicable regulation.