There is a wide variety of laws protecting New Yorkers from medical malpractice. Laws that protect citizens from something are obviously designed to keep the something from happening. New York has comprehensive Public Health Laws that do just that; one of the most important parts of this law when it comes to protection from malpractice is the Patient's Bill of Rights.
In New York patients have the right to receive complete information about their diagnosis, treatment and prognosis. The law further defines that patients specifically have the right to all information needed to make informed consent to any treatment or procedure that their physican is proposing, including a complete understanding of benefits and all reasonably known possible risks. Unfortunately for patients who have been victims of medical malpractice, this lack of informed consent is often at the heart of their troubles.
Part of these laws give patients the right to complain without fear of retaliation, and the right to receive treatment in a safe environment. The law also requires patients to receive emergency care when they need it, and allows for the patient to name individuals who can make informed consent decisions for them if they become unable to do so themselves.
If a patient is in the hospital and they feel they are being discharged too soon, New York law allows the patient to appeal the early discharge, thus potentially protecting their health and future well being. Patients are also allowed under law to participate in all decisions relating to their treatment, and have the right to a written discharge plan from the hospital.
Different laws protecting New Yorkers from medical malpractice focus on physician education, certification, professional medical conduct and if needed, discipline. Laws ensuring New Yorkers are treated by competently trained and certified health care professionals is critical to the avoidance of medical malpractice, as are standards of professional medical conduct. The New York State Department of Health maintains a public website with information about physicians who have been cited for misconduct, and provides a platform for filing a complaint.
New York has many laws that protect its citizens by allowing the sharing of patient medical records and within the last couple of years has enacted a Patient Safety Bill which puts a laser like focus on the important of patient safety and makes sure appropriate steps are taken against physicians who engage in medical misconduct.
