In New York State, certain types of injuries need to be reported to the proper authority, be it the office of fire prevention and control for burns or the local police authority for injuries resulting from a the discharge of a gun or firearm or a knife or other pointed instrument. This type of intentional failure to report is charged as a class A misdemeanor. A class A misdemeanor could mean some time behind bars or a significant fine depending on the court’s discretion. Call now for a free consultation with our experienced team of New York criminal attorneys if you have been charged with failure to report a wound or injury.
When it comes to burns, any type of injury where the victim has second or third degree burns on more than five percent of their body or any amount of burns to their upper respiratory tract (nose and nasal passages) or trauma to their larynx caused by the inhalation of extremely heated air, the injury is to be reported to the office of fire prevention and control. Additionally, every case of a burn injury that may or is likely to result in death needs to be reported. This report must be a written report within 72 hours made by the attending or treating physician, the superintendent, manager, or other person in charge when the case is treated in a medical facility or hospital.
Burns are not the only wounds that need to be accompanied by a report, every case of a bullet or gunshot wound, a power burn, or other injury that arises form the discharge of a firearm or gun are to be reported as well. Along with the firearm injuries, any wounds that are likely to or may result in death and that were made or seemingly made by a knife, icepick or pointed instrument are also included. These types of wounds are to be reported to the local police authority of the city, town or village where the report is originating from. Similarly to above, the attending or treating physician or the superintendent, manager or other person in charge of the medical facility where the treatment is taking place is to make the report.
The one instance where these reporting requirements do not apply are when the wounds, burns or injuries are received by a member of the United States or New York State armed forces while they are in the actual performance of duty. Every other instance of one of the injuries described are required to be reported in conjunction with public safety. Offenses like these are not in place to necessarily harshly punish the people who do not make the report to the proper authorities, they are a type of preventative measure in order to keep people safe. If medical professionals were not obligated to report such injuries, their ability to solve crimes and keep the public safe would be hindered.
If you are a medical professional or medical facility administrator who has been charged with failure to report an injury to the proper authority, call now to speak with one of our experienced New York criminal attorneys.