35.5 Physicians’ Liabilities

LibraryLegal Manual for NY Physicians 2014

Is a physician subject to potential liability for reporting suspected patient abuse?

No. New York State law expressly immunizes from both civil and criminal liability individuals who report patient abuse, provided the report is made in good faith. For the purpose of any proceeding, civil or criminal, the good faith of any person required to report instances of physical abuse, mistreatment or neglect of persons receiving care or services in residential health care facilities shall be presumed.1477 Discrimination, retaliation and discharge, based on a report of abuse or testimony in any proceeding relating to abuse, are prohibited and constitute a violation of the Public Health Law.147...

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