Other Contributors

About Us

The contributors to the Consumer Law & Policy blog are lawyers and law professors who practice, teach, or write about consumer law and policy. The blog is hosted by Public Citizen Litigation Group, but the views expressed here are solely those of the individual contributors (and don't necessarily reflect the views of institutions with which they are affiliated). To view the blog's policies, please click here.

« Read FDA's warnings on dangerous hand sanitizers | Main | Critique of the ALI's draft Restatement of the Law of Consumer Contracts »

Tuesday, July 14, 2020


Robert Oshel

NDAs are particularly harmful to the public in medical malpractice case settlements. NDAs in malpractice settlements prevent the public from learning of dangerous physicians. Analysis of the National Practitioner Data Bank's public use data file shows that only about 1.8% of physicians were responsible for half of all the money paid out for malpractice claims over the past 30 years, and most of the physicians in this 1.8% have multiple malpractice payments in their records. But because of NDAs, malpractice victims usually can't publicly identify these physicians and perhaps save other patients from malpractice. It should be seen as unethical for attorneys to participate in placing NDA's in malpractice settlements because of the foreseeable harm they are likely to cause to other patients.

The National Practitioner Data Bank is prohibited by law from releasing names of physicians with dangerous malpractice records, too -- a law which should be changed.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name is required. Email address will not be displayed with the comment.)

Subscribe to CL&P

RSS/Atom Feed

To receive a daily email of Consumer Law & Policy content, enter your email address here:

Search CL&P Blog

Recent Posts

August 2020

Sun Mon Tue Wed Thu Fri Sat
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31