Ask FRIA

Q: My mother was recently sent to the hospital from her nursing home because she was dehydrated and malnourished. The emergency room doctor said she could have only become this malnourished and dehydrated if the nursing home was neglecting to feed her.

I asked the doctor to report this to the Department of Health but he was unwilling to do it. Doesn't he have an obligation to report this nursing home's neglect?

A: Yes, he does have an obligation to report, according to the Patient Abuse Reporting Law (Section 2803-d of the New York State Public Health Law.)  A hospital doctor, among many other professionals involved in patient care, is required to make a report to the Department of Health Patient Care Investigations,  when she has reasonable cause to believe that a nursing home resident has been physically abused, mistreated, or  nursing home resident.  These reports should be made immediately by phone, or within 48 hours in writing, to the Department of Health.

Physicians are often reluctant to identify other doctors who have failed to provide good care to patients.  Some hospital doctors also have contracts with nursing homes and don't want to jeopardize this relationship by reporting a nursing home's abuse or neglect of patients.  It's important for you to   inform any person involved in providing care (including a medical examiner or coroner) of their legal obligation to report.

If  your relative is hospitalized during her nursing home stay, and you suspect it is because of abuse or neglect by the nursing home, ask to get a copy of the hospital records.  You can use these records in making your case with the nursing home and they can be additional evidence for a complaint you file with the Department of Health.