New Law Creates National Database of Medical Errors

By Brittany Golledge

Published on August 04, 2005

The push for the new system comes in response to a landmark study from the Institute of Medicine in 1999 that brought to light some alarming statistics, including the fact that as many as 98,000 people die every year from medical mistakes.

In the past, a fear of lawsuits has inhibited the collection of this sort of data. Supporters of the legislation believe the voluntary, anonymous reporting will prevent future mistakes, and help researchers develop a "best practices" for patient care.

Though the data received from physicians and health care providers will be kept confidential, and protected from subpoena, the reporting system does not make these groups and individuals immune from medical malpractice lawsuits.

The law does not penalize physicians and other health care providers for failing to report information, providing error information remains voluntary under the new system.

The legislation is backed by health insurance companies, large employers, and physician. Groups like the Association of Trial Lawyers of America have taken no definitive stance on the new law.

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