Posted On: November 18, 2008 by George P. Conway

New York Crimes: Wounds That Must Be Reported

Pursuant to Penal Law § 265.25, an attending or treating physician must report to the local police every case involving a: bullet wound; gunshot wound; powder burn; or any other injury arising from or caused by the discharge of a gun or firearm. They must also report any life threatening wounds inflicted by a knife, ice pick or other sharp or pointed instrument. A person in charge of a hospital, sanitarium or other institution must do the same. However, a report is not required to be made if the person was injured in the actual performance of his or her duty as a member of the armed forces of the United States or the state of New York. It is a class A misdemeanor to fail to report any such wounds. This seems to be a bad law because it deters people from seeking competent medical treatment for potentially life threatening injuries and it forces physicians and heads of hospitals to become agents of law enforcement. It also forces them to breach doctor patient confidentiality even in non-criminal cases such as a hunting accident.