(a) when a hospital, physician, nurse practitioner or physician
assistant exercises the rights granted by section twenty-nine hundred
ninety-four-n of this article, provided that the physician, nurse
practitioner, physician assistant or hospital promptly fulfills the
obligations set forth in section twenty-nine hundred ninety-four-n of
this article;
(b) while a matter is under consideration by the ethics review
committee, provided that the matter is promptly referred to and
considered by the committee;
(c) in the event of a dispute between individuals on the surrogate
list; or
(d) if the physician, nurse practitioner, physician assistant or
hospital prevails in any litigation concerning the surrogate's decision
to refuse the treatment, services or procedure. Nothing in this section
shall determine or affect how disputes among individuals on the
surrogate list are resolved.
2. The remedy provided in this section is in addition to and
cumulative with any other remedies available at law or in equity or by
administrative proceedings to a patient, a health care agent appointed
pursuant to article twenty-nine-C of this chapter, or a person
authorized to make health care decisions pursuant to this article,
including injunctive and declaratory relief, and any other provisions of
this chapter governing fines, penalties, or forfeitures.
Structure New York Laws
Article 29-CC - Family Health Care Decisions Act
2994-B - Applicability; Priority of Certain Other Surrogate Decision-Making Laws and Regulations.
2994-C - Determination of Incapacity.
2994-D - Health Care Decisions for Adult Patients by Surrogates.
2994-E - Decisions About Life-Sustaining Treatment for Minor Patients.
2994-F - Obligations of Attending Practitioner.
2994-G - Health Care Decisions for Adult Patients Without Surrogates.
2994-I - Specific Policies for Orders Not to Resuscitate.
2994-J - Revocation of Consent.
2994-K - Implementation and Review of Decisions.
2994-L - Interinstitutional Transfers.
2994-M - Ethics Review Committees.
2994-N - Conscience Objections.
2994-P - Liability for Health Care Costs.
2994-Q - Effect on Other Rights.
2994-R - Special Proceeding Authorized; Court Orders; Health Care Guardian for Minor Patient.