October 15, 2009

Labor Law.

Practice point: § 741(2)(a) prohibits retaliatory action against covered employees who disclose or threaten to disclose a hospital’s policy or practice that the employee, in good faith, reasonably believes constitutes an improper quality of patient care.

Practitioners should note that “improper quality of care” means any procedure, action or failure to act which violates a law or rule, where the violation may present a danger to the public health or to the health of a specific patient, pursuant to § 741[1][d]).

Case: Luiso v. Northern Westchester Hosp. Ctr., NY Slip Op 06810 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Vehicle and Traffic Law.