Practice Areas
Blog 
General
- Panel Sparks Controversy Again with New Prostate Cancer Screening Guidelines
- Doctor Misdiagnoses Woman and Fails to Complete Full Examination; Woman Dies Days Later!
- Study Finds Hospital Acquired Infections Greatly Impact ICU Deaths
- Medical Malpractice and Res Ipsa Loquitur: An Explanation
- Medical Malpractice Liability and Nurses; Why Nurses are being sued More and More Often
News
Posted on 5/17/2012
Posted on 4/27/2012
Posted on 11/14/2011
Posted on 8/1/2011
Posted on 7/9/2011
Library
General
- Discover how you can win your lawsuit by taking Three Simple Steps in Kingston, New York
- How I learned a lesson in life from a shyster lawyer
- The Day My Hero Died
- Discover how you can get the special services for your disabled child in an Individualized Education Plan in Kingston, New York
- Discover how you can get top-notch health insurance for your family for less than $200 a month in Kingston, New York
Discover how you can get information from a hospital's "peer review" investigation in Kingston, New York
Hospitals in New York are required to have a "Quality Assurance Committee" to investigate medical mishaps that occur at the hospital, under New York's Public Health Law section 2805-j. This committee is responsible for reviewing the services rendered by the hospital in order to improve the quality of care.The statutory definition of a "hospital" in Public Health Law section 2801(1) includes a general hospital, public health center, diagnostic center, treatment center, dental clinic, rehabilitation center or a laboratory serving one or more of these facilities.
When must the hospital investigate?
Hospitals must investigate a variety of incidents that affect patient care under the law (Public Health Law section 2805-l and 10 N.Y.C.R.R. section 405.8). The incidents that must be investigated include: a patient's death or impairments in bodily functions in circumstances other than those related to the natural course of illness or disease, equipmment malfunction during the treatment or diagnosis of a patient that did or could have adversely affected a patient, poisoning occurring within the hospital, and patient elopements (i.e., unauthorized patient departures).
What records are kept by the hospital?
The hospital must complete a report of the incidents and submit a report of the investigation to the state Department of Health within 24 hours of its completion. The hospital must keep all documents and records arising from these functions at the hospital.
Can you get the records of the investigation from the hospital?
New York statutes protect the confidentiality of the records of the hospital investigation. The confidentiality covers the reports, documentation and committee actions or records required under sections 2805-j and 2805-k of the Public Health Law. It also protects persons in attendance at peer review functions from being compelled to testify as to what happened at the meeting. Public Health Law section 2805-m.
Education Law section 6527(3) specifically exempts three categories of records from disclosure: (1) records generated from medical review and quality assurance functions, (2) those generated from participation in a medical or dental malpractice prevention program, and (3) incident reports filed with the state Department of Health, as required by Public Health Law section 2805-l, or Mental Hygiene Law section 29.29 if the hospital is a psychiatric facility. The statutes give "complete confidentiality" to the documents under Public Health Law section 2805 and Education Law 6527.
What information can you get from the hospital investigation?
Although the records and documents from the hospital's investigation are confidential, testimony may be compelled from an individual who attended a peer review meeting if the person is also a party to an action and the subject matter of the action was reviewed at the meeting. Public Health Law section 2805-m. The limited exception to the confidentiality of the hospital investigation applies to statements made by a party to a lawsuit in the course of a peer review investigation concerning the subject matter underlying the lawsuit.
Public Health Law section 2805-m(2) provides that: "No person in attendance at a meeting of any such committee shall be required to testify as to what transpired thereat. The prohibition relating to discovery of testimony shall not apply to the statements made by any person in attendance at such a meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting." Thus, if you sue a physician in a medical malpractice lawsuit and this physician makes a verbal or written statement at the investigation of the Quality Assurance Committee, the statement is not confidential. You are entitled to full disclosure of the written or verbal statements made by the defendant/physician at the meeting of the Quality Assurance Committee.
A hospital may also waive the privilege by failing to demonstrate that the requested records were actually generated and used as part of the formal peer review process.
What you can do if you have any questions
If you have any questions or want more information, I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can send me an e-mail at jfisher@mmolaw.net. You are always welcome to join the mailing list for my newsletter, Your Malpractice Insider, by sending your name and mailing address to me at jfisher@mmolaw.net.
Free Book
The Seven Deadly Mistakes of Malpractice Victims
ONE BIG PROMISE
You will not be another of the 98,000 victims of medical malpractice in the United States in 2009 if you read my FREE BOOK. I have a book that will tell you why most victims of medical malpractice never recover a penny. If you are the victim of medical malpractice, we will rush this free, valuable information so you know what to do. If you don't call now, you have only yourself to blame.
You will never have to worry about medical malpractice again if you call this toll-free number, 866-889-6882, for your free book, The Seven Deadly Mistakes of Malpractice Victims, and an audio CD of the book, or you can request the book here and the book will be rushed to you immediately at no cost.
(New York residents only)
Connect With Us
Are we friends on Twitter and Facebook yet? I regularly post tips and advice about medical malpractice that I know you’ll enjoy. Click the links and let’s connect!
Free Case Evaluation
Begin your case review by filling out the form below or call us at 866.689.9692
John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
Get Directions
Contact Info
John H. Fisher
130 North Front Street
Kingston, New York 12402-3058
Phone: 518.265.9131
Fax: 845-331-2004
Toll Free: 866.889.6882
Video Library
General:
- Personal Injury Attorney In New York Is Motivated By The Difference His Case Results Make In Peoples Lives
- How To Know Which Law Firm Is Right For You According To Medical Malpractice Attorney In New York
- Knowing You Are The Victim Of Medical Malpractice Can Be Tricky According To New York Attorney
FAQ
General
- What is the best way to reduce (or even eliminate) photocopy expenses in your law practice in Kingston, New York?
- Why you should never pay attention to lawyer advertisements when hiring a lawyer in Kingston, New York?
- What is the #1 way to defeat a subrogation claim against your injury compensation in New York?