Puerto Rico comptroller's report highlights backlog of unresolved cases before medical board

The Puerto Rico Comptroller’s Office on Tuesday issued a qualified opinion on the fiscal operations of the Medical Licensing and Discipline Board, in which it is revealed that the board attached to the Department of Health had 160 unresolved cases of unprofessional conduct since 2001, and 408 unresolved cases of medical malpractice since 2003.

A similar situation had been commented on in the DA-19 Audit Report 24 of May 9, 2019.

Law 38-2017, the Law of Uniform Government Administrative Procedure, establishes that all cases subject to an adjudicative procedure must be resolved within six months from their filing, except in exceptional circumstances. In addition, Law 139-2008, the Medical Licensing and Discipline Board Law, provides that the board must issue a report within 90 days of receiving any information on actions that constitute professional malpractice.

The situation, which is attributed to the shortage of lawyers, prevents the board from issuing a timely resolution in those cases where there is an imminent danger to public health and welfare, the comptroller’s report noted.

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