Recent Publications
During the most recent COVID-19 surge, overcrowded and understaffed hospitals were forced to consider transferring inpatients to other hospitals—whether or not the transferred patient or family consented to the transfer. On December 21, 2021, the New York State Department of Health issued a remarkable “Dear CEO Letter,” authorizing such transfers subject to various requirements.1 This article examines the need for such transfers, the law regarding consent to transfer, the DOH directive, and some ethical and operational issues raised by transferring a patient without consent...Read More
Posted in: NYSBA Health Law Journal | 2022 | Vol. 27 | No. 2
By Robert N. Swidler
The following scenario is sad but quite familiar to experienced doctors and nurses in hospitals, nursing homes, and hospice: A patient is dying, and a decision must be made about whether to enter a DNR (do-not-resuscitate) order or to make some other life-sustaining treatment decision. The dying patient lacks capacity and did not leave instructions or appoint a health care agent. As a result, the attending physician follows the rules of the Family Health Care Decisions Act (FHCDA)... Read More
By Robert N. Swidler
Posted in: NYSBA Health Law Journal | Fall 2018 | Vol. 23 | No. 2
Health Care Proxies Ten Difficult Issues
Health care proxies have proven valuable and popular among New Yorkers because they enable a person to appoint a trusted family member or friend to make health care decisions for the person if he or she loses the capacity to make those decisions personally.1 Health care providers like proxies as well, because they clarify who has the legal authority to act for an incapable patient,2 and often provide guidance about the patient's wishes regarding end-of-life care. Each day, in hospitals, nursing homes, and other care settings across New York State, providers seek and accept decisions from health care agents on behalf of incapable patients, with few or no problems…Read More
By Robert N. Swidler
Posted in: NYSBA Journal July/August 2016