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Call Kurtis Investigates: Do You Know If Your Doctor is on Probation?

SACRAMENTO (CBS13) — Consumer advocates warn your doctor may be on probation, and you don't know about it. Consumers Union is pushing for the Medical Board to require doctors to inform patients if he or she is on probation for things like substance abuse, sexual misconduct, violence, patient deaths, incompetence and negligence.

Already, guidelines require these doctors to inform hospitals and malpractice insurers when the board orders probation, but it doesn't require them to tell you.

"Physicians on probation are much more likely to require further discipline than physicians who were never disciplined," said Lisa McGiffert of Consumers Union. "Patients have a right to know when their physician has been sanctioned by the Medical Board of California."

McGiffert points out Consumer Reports National Research Center found 79-percent of those surveyed say when a physician's license is limited, suspended or revoked, the physician should be restricted to work that does not require patient care or treatment until their licenses are in good standing again.

In 2005 and 2006, Call Kurtis exposed how patients of a Sacramento plastic surgeon had no idea he had an alcohol problem and was on probation with the Medical Board. At the time, several breast cancer patients told CBS13 the physician performed breast reconstructive surgery after mastectomies and left them with massive flesh eating infections which kept them from getting cancer treatments. Several of these patients have since died after their cancer spread. Some patients and family members told us they smelled alcohol on the his breath, but gave him the benefit of the doubt because he was a doctor. Those we spoke with said they never would've allowed the doctor to treat them, if they knew he was on probation for an alcohol problem. The state ended up stripping this doctor of his medical license.

Consumers Union found roughly 500 of the states 102,000 doctors are on probation. Medical Board records show, from 2011-2013, the majority of the doctors on probation were still allowed to practice medicine.

The California Medical Association which represents the state's doctors is concerned a conversation like this could put a burden on the physician patient relationship and take time away from patient appointments that are already limited. The CMA points out, doctors on probation and allowed to practice,
"…have been deemed safe to practice medicine by the Medical Board," said CMA spokesperson, Molly Weedn. "The Medical Board of California has the tools to protect patients and this information is already public and available online and can be accessed by anyone."

The California Medical Board also says this information regarding a doctor on probation is already public record and available on the Medical Board's website.

The Medical Board has put together a task force that'll meet on Thursday to determine how to best educate Californians about their ability to search their doctor's record.

"The Board wants patients to know that it's important that they check up on a physician's license before seeing them as well as periodically checking licensure to see if there have been malpractice or disciplinary actions," said Medical Board Spokesperson Cassandra Hockenson. "We want patients to be informed with regards to their medical care."

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