The Dix Hills doctor medical malpractice case could spark reforms at the New York State Department of Health. State Health Commissioner Richard Daines said Tuesday that he is considering a range of institutional changes following public uproar over the state’s handling of Dr. Harvey Finkelstein, the Dix Hills doctor who exposed hundreds of patients to blood-borne pathogen infections, including Hepatitis C and B and HIV/AIDS. Daines is looking to speed public notification, move aggressively against bad doctors, and strengthen the state’s authority to obtain medical records. But, the proposed changes would not guarantee the public would be informed immediately simply because of the time involved in conducting these types of investigations. The commissioner said he had already initiated some changes, including establishing a team to oversee ongoing investigations to ensure they are being done in a timely fashion.
The New York State Department of Health has come under attack for taking nearly three years to advise the public about Finkelstein’s hepatitis C contamination. It took until this November to notify just 628 of Finkelstein’s patients, urging them to get tested for hepatitis B and C and HIV. Since then, the state has sent information to over 300 more people they determined were Finkelstein’s patients. Daines’ boss, Governor Eliot Spitzer, called the response unacceptably slow and ordered an investigation. By the way, state authorities are no longer trying to trace new hepatitis C cases back to Finkelstein. Because the department has already determined a transmission occurred, its role is to simply notify the public of the risk. The onus is on infected patients to determine where they contracted the virus and whether they have claims against a physician.

