Cleveland partner Steve Eisenberg was quoted in the February 2009 edition of Healthcare Risk Management in the article, "Not Reporting Gun Wound Draws Fire for Hospital."
The focus of the article is New York Presbyterian Hospital, which drew a storm of criticism, bad publicity and possible criminal charges after an employee failed to report a gunshot wound suffered by NFL star Plaxico Burress, as required by law.
According to the article, incidents such as the failure to properly report the Burress shooting happen for one of two reasons: Either the institution has failed to provide thorough compliance education and disseminate information to its staff, or a rogue employee has ignored clearly stated institutional standards. Eisenberg agreed that a failing like this typically occurs because of an insufficient awareness of the disclosure requirements, "but it also can be an employee or physician trying to cover something up," he said. "When you have an employee or physician who doesn't follow rules and requirements, there needs to be a process to take action against the employee or physician."
The potential legal repercussions for the institution will depend on whether there is a pattern of this behavior, Eisenberg said. If there is, there may be institutional culpability. If not, and the institution acts against the individuals who committed the wrongdoing, it is more likely that only the individuals would have legal repercussions, he said. "Of course, when there is such a high-profile case, things tend to take strange turns," Eisenberg said.