What is the California Medical Board's Expert Reviewer Program?

The Expert Reviewer Program is offered by the Medical Board of California. The board considers this to be an essential program to protecting patients. The Expert Reviewer Program was established in July 1994. The board recruits licensed physicians to provide impartial, professional evaluations of complaints filed against doctors.

In theory, Expert reviewers are not advocates for either the Medical Board or the physician under investigation. Instead, they work independently, offering objective opinions based on their experience. We have questions about how independent or fair reviewers are. We believe that there is a bias against the physician under review.

The reviewer has to prepare detailed written reports within 30 days of receiving case materials. The reviewer is a potential witness if an accusation is filed and the target doctor demands an evidentiary hearing.

To qualify, a reviewer meets some fairly minimal standards. The applicant must be an actively practicing physician in California with a current, valid medical license in good standing. The reviewer cannot have prior discipline or pending accusations. The reviewer can have a history of complaints as long as there are no complaints in the last three years.

There is a board certification requirement. The reviewer must ahve an active practice, defined as at least 80 hours per month in direct patient care, clinical activity, or teaching. The reviewer must have at least 40 hours per month in direct patient care.

The Board has a shortage of reviewers in specialties like addiction medicine, orthopedic surgery, and psychiatry.

Attorneys who practice medical defense are aware that these expert reviewers are independent contractors and Board Employees. There are implications in terms of litigation that will be discussed in a later video presentation.

The reviewer is paid $150 per hour for conducting case reviews and oral competency exams. The pay increases to $200 per hour for providing expert testimony at a hearing.

The program also offers legal protections to the reviewers. California Civil Code Section forty three point eight provides immunity from civil lawsuits for reviewers acting within their duties. If they do get sued Business and Professions Code Sections twenty three sixteen and twenty three seventeen give them free lawyers and coverage for any losses.

If you are facing a medical board investigation, call Daniel Horowitz at nine two five, two eight three, one eight six three. Daniel is expert in medical defense and the medical board of California. It is prudent to call early so that Daniel has time to properly prepare your case. Again our number is nine two five, two eight three, eighteen sixty three.