Office-based surgery protection
When we think of surgery we think of being admitted to a hospital and being visited by our family and friends. Today however surgery is often performed in the office of a physician without all the safeguards afforded by a hospital. All of that has now been changed.
Governor Spitzer signed a new law protecting patients from outpatient office-based surgical procedures. Whether the procedure is being performed in an office or, and ambulatory surgical center or a hospital new laws now apply. Surgeries performed in a doctor's office were not regulated by New York State. Physicians were not required to be credentialed as they are in a hospital and safety requirements of the hospital need not be followed. The law changed all of that.
The new law requires:
Office-based surgery be performed by physicians in a setting that has obtain and maintains accreditation from entity approved by the state health commissioner.
That operating an unaccredited setting would constitute professional misconduct.
Requires physicians to report adverse office-based surgery events, patient deaths and unplanned hospital admissions within one business day to the Department of Health patient safety Center
Maintains confidentiality with respect to individual reports from the freedom of information Law of discovery.
The new law will allow patients convenient access to medical care and increase efficiency. New safeguards for patient safety will be in place and suspect facilities will be identified.
We've handled many cases of unregulated surgery occurring in the physician's office. We've handled everything from colonoscopies that went awry to plastic surgery procedures which went horribly wrong. The range of misfortunes and mishaps is too extensive to go into here.
If you or a loved one has medical malpractice questions in New York, please contact the Malpractice Law Offices of Silberstein, Awad & Miklos, serving clients in Nassau and Suffolk Counties and Brooklyn, the Bronx and Queens, Staten Island and Westchester County
This may be considered a legal advertisement.
Silberstein, Awad & Miklos
600 Old Country Road
Garden City, New York 11523
phone 877 ask 4 sam