The Steep Decline in Reporting to the National Practitioner Data Bank, and a Look at Reporting Levels from “Plaintiff-Favorable” and “Defendant-Favorable” States

(left to right) Dr. Mark Cwiek, JD MHA FACHE Dr. Mark Kato, DHA MBA Dr. Dimitrios Zikos, Ph.D. Dr. Mark Taylor, DHA

Cwiek, M., Zikos, D., Kato, M., & Taylor, M. (2024). The Steep Decline in Reporting to the National Practitioner Data Bank, and a Look at Reporting Levels from “Plaintiff-Favorable” and “Defendant-Favorable” States. Hospital Topics, 1–10. https://doi.org/10.1080/00185868.2024.2383907

Shared Thoughts from the Authors

Dr. Mark Cwiek JD, MHA, FACHE

“This was an intriguing project that I was happy to be engaged in, along with fellow faculty member Dr. Dimitrios Zikos and CMU DHA degree recipients Dr. Mark Kato and Dr. Mark Taylor. Our original research into the National Practitioner Data Bank focused on the possible effects of aging on surgical malpractice rates, inspired by a previous article entitled ‘When Surgeons Are “Too Old” to Practice Surgery: Recommendations to Balance the Imperatives of Public Safety and Practical Necessity’ that I co-authored a couple of years earlier with CMU DHA degree recipient Dr. Dan Vick, but the macro-level decline in NPDB reporting by the various states over the decades proved to be the greater story. Perhaps the original idea of studying the effects of aging on surgeons and the reporting of malpractice suits, licensure actions, and hospital privileges to the NPDB will still be researched and published – maybe even as a future doctoral dissertation!”

Dr. Dimitrios Zikos, Ph.D.

“Our article highlights that the decline in NPDB reporting is consistent across both Plaintiff-Favorable and Defendant-Favorable states, suggesting that the issue is not tied to state-specific factors. This underreporting could be due to broader systemic factors affecting the medical and legal professions, which may reduce visibility into practitioner misconduct and hinder patient protection. Understanding the root causes of this decline—such as changes in malpractice settlements or pressures from insurers—is essential to improving the effectiveness of the NPDB.”

Dr. Mark Kato, DHA MBA

“Even with the National Practitioner Data Bank (NPDB) in place, the healthcare industry still has many strides to make to when it comes to data sharing and transparency.”

Dr. Mark Taylor, DHA

“The National Practitioner Data Bank (NPDB) was authorized by Congress in 1986 because of concerns about widespread medical malpractice and substandard providers being able to continue to practice by relocating to new communities.  To address these two concerns, the NPDB was designed to capture information about the many malpractice instances that might be occurring.  The decade-by-decade decline in malpractice cases reported to the NPDB raises legitimate questions about why this downward trend is occurring.  This article attempts to address possible explanations.”