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Information for Attorneys

On this page you will find details on how attorneys may access information from the NPDB as well as information regarding NPDB reporting requirements applicable to attorneys under federal law.

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A plaintiff's attorney or a plaintiff representing himself or herself (pro se) is permitted to obtain certain information from the NPDB under the following circumstances:

  • A medical malpractice action or claim must have been filed by the plaintiff against a hospital in a state or federal court or other adjudicative body;
  • The practitioner on whom the information is requested must be named in the action or claim; and
  • Evidence must be submitted to the Department of Health and Human Services demonstrating that the hospital failed to submit a mandatory query to the NPDB regarding the practitioner named by the plaintiff in the action.

Evidence that the hospital failed to query the NPDB must be obtained by the plaintiff through discovery in the litigation process. This evidence is not available to the plaintiff through the NPDB.

The plaintiff's attorney must submit all of the following to the NPDB:

  • A letter requesting authorization to obtain information;
  • Supporting evidence that the hospital did not make a mandatory query of the NPDB regarding the practitioner named by the plaintiff in the action or claim; and
  • Identifying information about the practitioner on whom the attorney wishes to query.

Once the request for access is approved, the attorney is entitled to a one-time-only disclosure. The attorney will receive only that information available in the NPDB at the time the hospital neglected to query. It also includes information on any reports that were subsequently voided. Information that will be made available to the plaintiff’s attorney is limited to reports submitted to the NPDB under the authority of Title IV, including:

  • Medical malpractice payments;
  • State licensure actions taken by a state medical or dental board;
  • Clinical privileges actions;
  • Professional society membership actions;
  • Drug Enforcement Administration controlled-substance registration actions; and
  • Exclusions from Medicare, Medicaid, and other federal health care programs.

The "Attorney Access" portion of the NPDB Guidebook’s Chapter D: Queries provides further information, examples, and instructions about where to mail the above materials.

Confidentiality

The information obtained from the NPDB on the practitioner can be used only with respect to a legal action or claim against the hospital, not against the practitioner. Any further disclosure or use violates the confidentiality provisions of Title IV and subjects the plaintiff's attorney and/or the plaintiff pro se to a civil money penalty.

 

Defense attorneys are not permitted access to the NPDB. However, the defendant practitioner is permitted to perform his or her own Self-Query to obtain any reports matching his or her name that have been submitted to the NPDB. The Self-Query response will show any information about medical malpractice payments, adverse licensure or privileges actions, or judgments and convictions that are found.

 

See the NPDB’s Prosecutor Page for more information on how federal, state and local prosecutors may access the NPDB as well as details on prosecutorial reporting requirements under federal law.