Page 14
The content of the documentation shall be determined in accordance with the rules and regulations of the commissioner. If the patient's physician determines that the disclosure would seriously and adversely affect the patient's health, then the facility shall assure that the family member, if available, is notified in accordance with rules and regulations adopted by the commissioner. In the event that an adult patient is not informed of the serious preventable adverse event or adverse event specifically related to an allergic reaction, the facility shall assure that the physician includes a statement in the patient's medical record that provides the reason for not informing the patient pursuant to this section. Chris Stern Hyman is a health care lawyer and a mediator. From 1980 until 1995 she was Chief Counsel of the Bureau of Professional Medical Conduct in the New York State Department of Health. In 1998 she formed Medical Mediation Group LLC with Marc Fleisher, JD to conduct trainings and mediate medical malpractice claims and other conflicts arising in health care facilities. In addition to health care disputes, Chris Hyman mediates child visitation and custody cases, pro se cases referred by Civil Court, New York County, civilian complaints against police, and attorney disciplinary cases. She has written on state medical boards' pain management policies and on mediation and health care. She received her undergraduate degree from the University of Chicago, and her law degree from Brooklyn Law School. She was co-principal investigator for the Demonstration Mediation and ADR Project, and is principal investigator for the New York City Pilot Mediation Project for Medical Malpractice Claims funded by a grant to Columbia Law School. She is a Lecturer at Columbia Law School and can be reached at CSHyman@aol.com. The project on Medical Liability in Pennsylvania (www.medliabilitypa.org) is a two-year program of research, consultation and communication funded by The Pew Charitable Trusts that seeks to provide decision-makers with objective information about the ways in which medical, legal, and insurance-related issues affect the medical liability system, to broaden participation in the debate to include new constituencies and perspectives, and to focus attention on the relationship between medical liability and the overall health and prosperity of the Commonwealth. The Pew Charitable Trusts (www.pewtrusts.org) serves the public interest by providing information, advancing policy solutions and supporting civic life. Based in Philadelphia, with an office in Washington, D.C., the Trusts will invest $177 million in fiscal year 2005 to provide organizations and citizens with fact-based research and practical solutions for challenging issues.