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Last Updated on: 1st August 2023, 11:00 pm
If this happens, the first thing that doctors should do is contact an attorney in Long Island who can offer assistance in gathering evidence and support documents to show that the doctor acted in a professional manner.
An investigation is usually initiated as soon as a complaint is filed against the doctor. This doesn’t mean that the doctor is guilty or innocent. It simply means that the State Health Department will look into the claim and try to understand what happened before any charges are filed. Claims can be made by anyone who the doctor has been associated with including current and former patients, family members of patients, employees, and insurance companies.
One of the things that is usually of the most concern for doctors is a malpractice lawsuit as this can result in losing a medical license. Fines and settlement payments are also of a concern if the lawsuit determines that the doctor was at fault. OPMC can send out letters that determine whether or not the doctor will lose a medical license, which is the one thing that doctors don’t want to see because it’s very difficult to obtain a medical license once again, if at all.
If a doctor has committed behaviors that are questionable either in the person’s professional life or personal life, then OPMC can get involved and determine if a claim can be filed. The office works to determine if doctors have used drugs while practicing or if there are issues with drugs in other states. These issues could include writing prescriptions that are not lawful if the doctor isn’t using drugs on a personal level. If there is sufficient evidence provided by the prosecution, then the office can order the suspension of the doctor’s license.
Most of the people who investigate claims against doctors are those who work in the medical field. They are often retired doctors who want to protect patients and who want doctors to abide by the healthcare laws that are in place by the state. If the office believes that the claims are only a technical violation or there is not sufficient evidence that a substantial crime has been committed, then the doctor could be placed on probation. This would mean that the doctor would be monitored while continuing to practice medicine. In the event that another claim would arise involving the doctor, then the office could need to look at the issue again and determine if the license should be revoked.
Some punishments include community service hours and fines while others could result in time spent in jail. However, most claims that are misdemeanors are handled in a professional manner and end with the doctor paying a settlement to the person who filed the claim. If the doctor is placed on probation, then it could be for a designated length of time or until certain requirements are met by the doctor, such as completing classes associated with the charges.
When a doctor meets with an attorney about claims that have been filed pertaining to actions that have been committed, the attorney can work to determine if there is enough information to take the charges to court. If there is enough evidence against the doctor, then the attorney could suggest that the best thing would be to settle outside of court. When a settlement is reached outside of court, then it can sometimes mean less money paid out in fines, less time spent in jail, and the possibility of keeping the medical license by being placed on probation.
If the doctor feels that the outcome was not the correct one or that other details should have been included, then an appeal can be filed with the assistance of the doctor’s attorney. The appeal process could take some time as more documents would need to be submitted and more evidence discovered pertaining to the claim that would indicate the doctor didn’t commit the act in question. The office usually has about 45 days in order to reach a final decision as to whether the initial decision was the correct one and if a new trial should be held to discuss the claims.
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