Dr. Marlyn Fernandez, MD

Medical malpractice is issued when negligence by a doctor causes injury to a patient. For example, a doctor may improperly diagnose, treat or medicate outside the standard of medical care. The three types of malpractice are: a settlement, an arbitration award, or a judgment.

If my doctor has malpractice history, does that mean he or she is a poor-quality doctor?

If your doctor has a malpractice claim, evaluate the information and determine if the action could potentially impact the quality of care you receive. Claim settlements and arbitration awards may occur for a variety of reasons, which should not necessarily reflect negatively on the doctor's professional competence or conduct.
You may want to use this information to start a discussion with the doctor about his or her history and specific ability to provide healthcare for you.

How far back does Healthgrades malpractice history go?

Healthgrades reports details of a doctor’s malpractice history when the doctor has at least one closed medical malpractice claim within the last five years, even if he or she no longer practices in that state.

For which states does Healthgrades collect malpractice history?

Healthgrades collects malpractice information from California, Colorado, Connecticut, Florida, Georgia, Illinois, Massachusetts, Nevada, New Jersey, New York, North Carolina, Oregon, Tennessee, Texas, Vermont, Virginia, and West Virginia. If your doctor has a malpractice claim, evaluate the information and determine if the action could potentially impact your quality of care. Sometimes multiple states report the same claim. If a provider practices in a state where data is unavailable, please reach out to your local state legislature to help make this data publicly available.

A sanction, also known as a disciplinary action, is an action taken to punish or restrict a doctor who has demonstrated professional misconduct. Sanctions may be imposed by a state medical board, professional medical licensing organization, or the U.S. Department of Health and Human Services.

If my doctor has sanction history, does that mean he or she is a poor-quality doctor?

If a doctor has a sanction, it does not necessarily mean that he or she is a poor-quality doctor. Some sanctions are not related to medical care, and involve a doctor’s finances or administrative activities. Before you make any choices about changing your doctor, we recommend that you evaluate the doctor’s sanction information and determine how severe or relevant you think the sanction cause and action were.

How far back does Healthgrades sanction history go?

Healthgrades reports state and federal sanctions from the previous five years, except when a doctor's license has been revoked or surrendered. Healthgrades displays all actions for doctors whose licenses have been revoked or surrendered.

For which states does Healthgrades collect sanction history?

Healthgrades collects sanction history from all 50 U.S. states. Physicians with a disciplinary action in one state may move to another state where they have a clean record. Since Healthgrades painstakingly compiles disciplinary action information from all 50 states, Healthgrades website will show if a physician has a disciplinary action in more than one state.

Board actions are non-disciplinary actions imposed upon a doctor based on a complaint investigation. A patient or medical colleague may file a complaint with that state medical board or professional licensing organization, which then investigates the complaint. Board actions are intended to ensure that a doctor is able to perform safe medical and health care tasks.

Types of non-disciplinary actions include an advisory letter, a corrective action agreement, a limitation or restriction on the medical or healthcare tasks a doctor can perform, or a voluntary agreement by the doctor not to practice. A board action can also include a termination of a corrective action agreement or voluntary agreement, which allows the doctor to return to full practice.

If my doctor has a board action, does that mean he or she is a poor-quality doctor?

If a doctor has a board action, it means he or she has had a non-disciplinary action imposed upon him or her. It does not necessarily mean that he or she is a poor quality doctor. Before you make any choices about changing your doctor, evaluate the doctor's board action information and determine how severe or relevant you think the cause and action were.

How far back does Healthgrades non-disciplinary board action history go?

Healthgrades reports non-disciplinary board action history from for the previous five years, except when a doctor's license has been revoked or surrendered. Healthgrades displays all actions for doctors whose licenses have been revoked or surrendered.

For which states does Healthgrades collect non-disciplinary board actions?

Healthgrades collects non-disciplinary board actions from all 50 U.S. states.