Last Updated on: 1st August 2023, 01:29 am

Highly-publicized issues such as opioid misuse, abuse of patients, healthcare fraud and medical mistakes have put the actions of physicians under increased scrutiny. Those physicians accused of misdeeds or malpractice may find themselves facing the possible loss of their medical licenses. If your license has come under attack, you need effective legal representation from investigation to discipline and perhaps beyond.

What is Misconduct by a Physician?

Section 6530 of the New York Education Law lists nearly 50 grounds for a finding of misconduct by a physician. Broadly speaking, physicians engage in misconduct by acts of dishonesty, gross negligence or incompetence; multiple instances of negligence or incompetence and crime. Below is a sampling of the conduct that can jeopardize your physician license or otherwise subject you to discipline:

*Making false statements to agencies or other third parties about a patient’s disability
*Writing false prescriptions
*Fraudulently billing insurance companies, Medicare, Medicaid or patients
*Ordering an excessive number of tests, x-rays or sonograms, given the condition of the patient
*Treating patients without obtaining informed consent from the patient or an authorized health care agent
*Failing to review medical records, obtain patient history or properly examine the patient before diagnosing a patient or prescribing medication or treatment
*Abusing patients sexually, physically or otherwise
*Failing to sufficiently investigate complaints brought by or symptoms exhibited by patients
*Violating HIPAA and other patient privacy laws
*Failing to properly keep medical records
*Guaranteeing the outcomes of treatments
*Misrepresenting board certifications, experience, education or qualifications
*Practicing while impaired by alcohol or controlled substances

The Disciplinary Process

The discipline of physicians starts with complaints to the Office of Professional Misconduct (OPMC). Accusations or reports of misconduct might come from colleagues, law enforcement, medical boards or members of the public. More commonly, patients or their family members or close friends constitute the source of many physician disciplinary cases.

The Initial Staff Investigation

At the outset, the OPMC determines if it has jurisdiction over the complaint. Remember that the physician disciplinary process addresses misconduct, not all aspects of the physician-patient relationship. For example, OPMC does not investigate nor does the disciplinary board act on mere disputes over the amounts of bills. However, another agency or board may handle such matters upon referral from OPMC.

During an investigation, OPMC expects you as a physician to cooperate fully. Your obligations include submitting to interviews and producing medical records, bills and other documents pertinent to the complaint. In fact, you commit misconduct by not producing the records, failing to respond to the complaint or otherwise impeding the investigation.

However, you need not necessarily afford unfettered access, admit to wrongdoing or even handle a complaint solo — especially before you obtain advice about your rights and duties. You have the right to competent legal representation during the investigation and disciplinary process. Attempting to navigate the disciplinary process without experienced physician license defense attorneys can place your medical career and even your freedom at risk. In many cases, the allegations and evidence marshalled against your license can even support a criminal prosecution against you. Statements you make to OPMC investigators can be used against you in disciplinary and criminal proceedings.

The Disciplinary Hearing

Should the OPMC determine there’s enough evidence of your misconduct, an investigatory committee consisting of two physicians and a non-physician will review your matter. Depending on their work, the proceeding may end with a warning, consultation on corrective action or dismissal of the complaint.

If your case goes to a hearing, another committee consisting of two physicians and a lay person will consider the matter. This is an evidentiary hearing at which you may cross-examine witnesses against you and present your own evidence. Having legal counsel on your side is especially important to defend against inadmissible or irrelevant evidence, challenge (if possible) the Board’s jurisdiction and challenge the legal and evidentiary sufficiency of the charges of misconduct.

In a hearing, evidence and facts may be presented to mitigate the impact of findings or evidence of your misconduct. For instance, you may show that you have never been disciplined or that your prior criminal record is devoid of convictions or charges. If substance abuse or personal problems have impacted your ability to practice medicine, proof that you are seeking counseling or therapy might blunt some of the discipline and might save your license.

Contact Us For Physician License Defense

Lack of proper communication, organized record-keeping and professionalism can breed disciplinary complaints even if you are not guilty of misconduct. Ignoring a misconduct complaint can create or aggravate threats to your ability to practice medicine in New York. Contact our firm for defense of your physician license if you get a complaint and access our experience and expertise.