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NCJRS Abstract

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NCJ Number: 47410 Add to Shopping cart Find in a Library
Title: RIGHTS WITHOUT REMEDIES - A STUDY OF COMPLAINT HANDLING MECHANISMS IN PROFESSIONAL MISCONDUCT CASES IN NEW YORK STATE
Author(s): R S POOLER
Date Published: 1977
Page Count: 31
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THE PROCESSING OF CONSUMER COMPLAINTS OF PROFESSIONAL MISCONDUCT AGAINST PHYSICIANS, PHARMACISTS, AND MEMBERS OF OTHER STATE-REGULATED PROFESSIONS IS ASSESSED.
Abstract: FOUR SEPARATE STATE OFFICES ARE INVOLVED IN HANDLING COMPLAINTS AGAINST PROFESSIONALS IN NEW YORK. INTERVIEWS WITH OFFICIALS AND REVIEWS OF RECORDS REVEALED THE FOLLOWING: THERE IS NO SYSTEM FOR PROVIDING THE PUBLIC WITH INFORMATION ON THE FUNCTIONS OF THESE OFFICES; UNDERSTAFFING HAS CREATED LARGE BACKLOGS OF CASES, HAS LIMITED THE COMPREHENSIVENESS OF INVESTIGATIONS, AND HAS PRECLUDED THE INITIATION OF INVESTIGATIONS INTO AREAS WHERE WIDESPREAD MISCONDUCT IS SUSPECTED; A DISCIPLINARY PROCEDURE FOR PHYSICIANS INTRODUCED IN 1975 HAS NOT WORKED AS INTENDED; AND THE NUMBER OF STEPS IN THE COMPLAINT-HANDLING PROCESS CREATES A CUMBERSOME SYSTEM OF REPEATED REVIEWS AND TIME-CONSUMING DELIBERATIONS. IT IS POINTED OUT THAT THE SYSTEM AFFORDS PROFESSIONALS A DEGREE OF DUE PROCESS THAT WOULD NOT BE TOLERATED IF IT WERE EXTENDED TO CRIMINAL DEFENDANTS OR REGULATED BUSINESSES. OTHER FINDINGS RELATE TO THE FOLLOWING: FAILURE OF PROFESSIONAL SOCIETIES TO REPORT COMPLAINTS TO STATE AGENCIES; RELUCTANCE BY PRACTITIONERS TO REPORT MISCONDUCT BY OTHER PROFESSIONALS; AND POORLY ORGANIZED RECORDKEEPING. RECOMMENDATIONS OFFERED FOR IMPROVING THE SYSTEM INCLUDE EDUCATING THE PUBLIC CONCERNING THE EXISTENCE OF VARIOUS COMPLAINT MECHANISMS, INCREASING THE STAFFS OF THE AGENCIES WHICH HANDLE COMPLAINTS, SETTING LIMITS ON THE LENGTH OF TIME IT TAKES TO PROCESS A COMPLAINT, AND REQUIRING THE COMPLAINT-HANDLING AGENCIES TO PUBLISH AN ANNUAL REPORT DETAILING THEIR ACTIVITIES. (LKM)
Index Term(s): Consumer protection; Medical malpractice; Misconduct; New York; State government
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47410

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