35.1 Physicians’ Duties

LibraryLegal Manual for NY Physicians 2014

What does the law generally require of physicians working in nursing homes with respect to abuse of patients?

Naturally, physicians must refrain from any act of physical abuse, mistreatment or neglect of a person receiving care or services in a nursing home. They also must report any instances, and even suspected instances, of physical abuse, mistreatment or neglect when they have reasonable cause to believe patient abuse has occurred.1432

Federal law ensures nursing home residents the right to be free from physical, verbal and mental abuse. It also prohibits sexual abuse, corporal punishment, involuntary seclusion and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident’s medical symptoms.1433

Committing an act of physical abuse or neglecting a patient constitutes professional misconduct, as does failing to report suspected abuse, mistreatment or neglect.1434

What constitutes a physician’s reasonable cause to believe abuse has occurred?

A physician has reasonable cause to believe abuse has occurred, and therefore a duty to report such abuse, when there is sufficient evidence, under all the circumstances, for a prudent person to believe that physical abuse...

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