The MCARE Act of 2002 mandates that a physician shall report to the State Board of Medicine or to the State Board of Osteopathic Medicine within 60 days notice of a Complaint in a medical professional liability action filed against the physician, as well as other events specified in that Act. The physician shall provide the docket number of the malpractice case, the court where the case is filed and a description of the allegations in the Complaint. (MCARE Act, 40 P.S. ยง1303.903.)
The Commonwealth of Pennsylvania takes this requirement seriously. In cases where a medical malpractice Complaint, not simply a Writ of Summons, is not reported to the appropriate State Board, the Pennsylvania Department of State, Bureau of Occupational Affairs, may prosecute physicians with a Notice and Order to Show Cause for failure to satisfy the Board of Medicine or the Board of Osteopathic Medicine reporting requirements. Penalties may include revocation, suspension or other restrictions of licenses held by the physician in the Commonwealth of Pennsylvania, or other disciplinary action, such as the imposition of a civil penalties of up to $10,000 for each violation of the MCARE Act.
The Department of State has begun prosecuting physicians for failing to report, serving a Notice and Order to Show Cause on those who have not reported within 60 days the receipt of a civil action Complaint for medical malpractice. As an option the Department of State has offered the physician a Consent and Agreement and Order, admitting that the physician has failed to comply with the reporting requirement within 60 days and agreeing to pay a $250.00 civil penalty as an alternative to a full blown administrative licensing action.