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Med Mal News

By ljnstaff | Law Journal Newsletters |
October 02, 2015

Statute Mandating Communication with Patient Gives Her No Standing to Sue

A court in Hartford, CT, has determined that, although under state law (Connecticut General Statutes (C.G.S.) ' 38a-503(c)), doctors are required to give patients information about the density of their breast tissue, a doctor's failure to do so does not give the patient a statutory cause of action against him. The plaintiff in Guiliano v. Jefferson Radiology alleged a breach of C.G.S. ' 38a-503(c) by her doctor, and she sought damages from him and his employer based on that breach. The defendants moved to strike, and the court complied with their request after finding that the statute did not establish a private right of action. The court did point out, however, that the plaintiff is free to re-plead to allege failure to communicate with her about her breast tissue density ' provided she does so without reference to the statute.

'

NY Hospitals: Don't Film Patients

The Greater New York Hospital Association ' an organization that represents almost all of New York City's largest hospitals ' recently sent a letter to its members requesting that they not permit filming of patients for television or other entertainment purposes without their prior consent. The move was prompted by the bad publicity that ensued when the widow and children of a former patient at New York Presbyterian Hospital learned while watching the true-life television show “NY Med” that their loved one's final agonized moments had been filmed and broadcast without their consent. They took their story to their city councilman and to The New York Times, which published an article profiling the case in January.

'

Statute Mandating Communication with Patient Gives Her No Standing to Sue

A court in Hartford, CT, has determined that, although under state law (Connecticut General Statutes (C.G.S.) ' 38a-503(c)), doctors are required to give patients information about the density of their breast tissue, a doctor's failure to do so does not give the patient a statutory cause of action against him. The plaintiff in Guiliano v. Jefferson Radiology alleged a breach of C.G.S. ' 38a-503(c) by her doctor, and she sought damages from him and his employer based on that breach. The defendants moved to strike, and the court complied with their request after finding that the statute did not establish a private right of action. The court did point out, however, that the plaintiff is free to re-plead to allege failure to communicate with her about her breast tissue density ' provided she does so without reference to the statute.

'

NY Hospitals: Don't Film Patients

The Greater New York Hospital Association ' an organization that represents almost all of New York City's largest hospitals ' recently sent a letter to its members requesting that they not permit filming of patients for television or other entertainment purposes without their prior consent. The move was prompted by the bad publicity that ensued when the widow and children of a former patient at New York Presbyterian Hospital learned while watching the true-life television show “NY Med” that their loved one's final agonized moments had been filmed and broadcast without their consent. They took their story to their city councilman and to The New York Times, which published an article profiling the case in January.

'

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