Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 1st August 2023, 01:29 am
OPMC stands for the Office of Professional Medical Conduct. New York City has hundreds of lawyers who are specialized in dealing with professional malpractice cases. They have represented professionals from different fields for many years.
What is professional misconduct?
Professional misconduct refers to a long list of offenses listed by the state Education Law. The list is large and consists of about 40 different types of practices considered to be unprofessional in the state of New York.
A physician found violating any of the laws is liable for professional discipline by the OPMC.
Below is a list of the most common types of professional misconduct often encountered by OMPC lawyers in New York:
• Gross incompetence or negligence in one or more occasions
• A person facing disciplinary action another state
• Being convicted of any crime
• Failure to keep records or provide them when needed
• Fraudulent activities including insurance fraud
• HIPAA violations
• Going beyond a person’s scope of practice
• Allowing another person to practice without a license
• Failing to treat a person because of their race or religious affiliation
• Giving false information during license application or renewal
• Practicing while under the influence of drugs or alcohol
• Failing to supervise staff
• Failing to respect patient binderies
Although this list is not conclusive, it does cover most of the issues often brought before the Office of Professional Medical Conduct.
How are OPMC investigations conducted?
Professional misconduct investigations in New York are a bit complex. It can be confusing for professionals facing disciplinary action for the first time. Let us take a closer look at what happens during the OPMC investigations.
Upon the filing of a professional misconduct claim against any physician in New York, the OPMC will immediately launch the investigations to ascertain the allegations. The case will be forwarded to the OPMC regional office where the physician accused hails from.
The Office of Professional Medical Conduct will go ahead and inform the physicians about the investigations through an email or phone call. The investigation officer will also request an interview with the accused physician or request patient records to assist in the investigations. All physicians are legally required to cooperate during the entire investigation process.
Nonetheless, a physician is under no obligated to agree for an interview. As much as the interview might be crucial for the investigations, sometimes it can be counterproductive for the physicians.
That’s why it is important to consult with an OPMC lawyer once the investigations have kicked off. In fact, a physician should not even talk to an investigation officer before seeking advice from his or her lawyer.
This is important because anything you say can easily be used against you. Unfortunately, some physicians insist on the interview since they are confident of their innocence.
However, this is always a wrong move. Why? Is because investigators have a way of turning around things contrary to your expectations. Besides that, you might end up making unintended statements that the investigators might use to develop new evidence.
This is the reason why most OPMC lawyers insist on meeting with the accused physician to discuss the details of the claim before they can talk or meet with the OPMC investigation team.
What if you are found guilty?
If the initial investigations fail to get sufficient evidence to support the claims of professional misconduct, then the case will be closed. On the other hand, if the investigators are able to find enough evidence to support the claims, then the case will be moved forward to the investigation committee. Members of the investigation committee consist of two doctors and a layperson.
The investigation committee with review the case and make a decision. This is also the point where formal disciplinary charges are drafted. The charges can be made public or not depending on the decision of the committee. The committee may also decide to revoke the license of the physician if he or she is deemed a threat to the public before a full hearing is held.
Common penalties available for medical malpractice in New York include probation, reprimand letter, suspension from work, annulment, license limitation and revocation of license.
The best thing to do is to ensure that you have a qualified and experienced OPMC lawyer. The lawyer you choose to hire will largely determine whether you will win the case or not.
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