Requires hospital incident reports to be simultaneously provided to the affected patients and/or their legal representatives

1 Co-sponsor

• Toby Ann Stavisky

BILL NUMBER:S578

Title of bill

An act to amend the civil practice law and rules and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives

Purpose

This bill would provide extend the statute of limitations in medical, dental or podiatric malpractice actions against a hospital where the hospital has violated section 2805-1 of the public health law by failing to file an incident report as mandated by that section. It also requires such reports to be sent to the patient and their representative.

Summary of provisions

Section 2 - tolls the statute of limitations in a medical, dental or podiatric malpractice action so that where there is a failure by a hospital to file an incident report as mandated by the public health law, a plaintiff has a year from the date of filing of such report in which to commence an action.

In addition, it tolls the statute limitations in a medical, dental or podiatric malpractice action so that where an action is time-barred against an individual health care service provider, an action may still be commenced against a hospital where either the individual or the hospital has failed to file an incident report as mandated by the public health law, a plaintiff has a year from the date of filing of such report in which to commence an action.

Section 3 - requires incident reports submitted to the Department of Health under section 2805-1 of the public health law also be sent to the patient and their representative.

Section 4 - effective date.

Justification

Despite having been a requirement for over twenty years, there are abundant reports of hospitals failing to file incident reports as mandated by the public health law. These incident reports are required in order to give the Department of Health notice that a significant incident has occurred, such as a patient death under circumstances other than as a result of the course of disease, injury or proper treatment. It also includes situations that harmed patients, such as fires, equipment malfunctions, or poisonings. According to a Harvard study, over 1,000 New Yorkers die each year as a result of preventable medical errors. Clearly, these reports are a significant tool that should be used to prevent the recurrence of harm or death to patients.

Yet by failing to timely file such reports, hospitals are preventing the Department of Health from asserting its authority to make sure the public is adequately protected in the case of substandard patient care of hospital environment.

Furthermore, the law fails to permit notification to those most directly affected by such unfortunate events-the patient themselves, as well. As family or others who are designated to help make crucial decisions for the patient. By tolling the statute of limitations on malpractice actions against hospitals, such institutions are incentivized to obey the clear letter of the law. Furthermore, hospitals will not be able to protect themselves from liability for their harmful actions simply by ignoring the law, and thereby further harming the patient in question first by whatever action led to the requirement of filing the incident report, then again by not filing the report, thus preventing the patient or their representative from accessing information that could help them recover damages for their death or injury.

Prior legislative history

2012: Senate Bill 1992-A (Gianaris) - Died in Senate Judiciary Committee 2012: Assembly Bill 4900-A (Simotas)- Died in Assembly Codes Committee 2010: Assembly Bill 9114 (Gianaris) - Died in Assembly Codes Committee

Fiscal implications

None.

Effective date

Immediately.