Last Updated on: 12th October 2023, 06:22 pm

Defending Your Medical License: A Long Island Physician’s Guide

As a physician practicing medicine on Long Island, your medical license is your livelihood. Without it, your career comes to an abrupt halt. So when you find yourself facing an investigation or charges that put your license at risk, it is absolutely vital that you have an experienced Long Island physician license defense lawyer on your side.Believe me, I get it. No one ever expects to be in the situation where their medical license – and with it their reputation, career, and financial security – is on the line. But it happens all too often, whether due to an honest mistake, a misunderstanding, or even malicious allegations. And when it does, you need strong legal counsel to protect your rights and guide you through the complexities of New York’s professional conduct rules and procedures.That’s where I come in. My name’s Jason, and I’m a Long Island criminal defense and professional license attorney with over 20 years of experience. In this article, I want to give you an overview of some common scenarios that put a physician’s license in jeopardy, walk through what to expect in a professional misconduct investigation, and explain why having the right lawyer by your side can make all the difference.My goal here isn’t to scare you. It’s to educate and empower you, so you understand your rights and know where to turn if you ever find yourself facing license defense issues. Medicine is an honorable profession, but it comes with unique risks and challenges. I’m here to help make sure you have the support you need to continue providing quality care throughout a long and fulfilling career.So let’s get started! Here’s what we’ll cover:

• Common reasons a physician’s license may be at risk
• What to expect in a professional misconduct investigation
• Why an experienced license defense lawyer is critical
• How the right lawyer can defend your reputation, career and livelihood

I’ll also share some real-world examples from my own practice to help illustrate key points along the way. My clients are good, caring doctors – let me help make sure you have the strong defense you deserve too.

When a Physician’s License May Be at Risk

As a doctor, you have immense responsibilities. You care for patients, make life-altering diagnoses, prescribe medications, and perform procedures that can mean the difference between life and death. With this power also comes scrutiny, and physicians have to walk an ethical fine line every day.It’s not surprising then that doctors’ actions are heavily regulated when it comes to their medical licenses. The New York State Education Department’s Office of Professional Medical Conduct (OPMC) oversees physician licensing and investigates complaints of possible misconduct. If found guilty of misconduct, physicians face disciplinary actions ranging from censure and fines to license suspension or revocation.Here are some common scenarios that may trigger an OPMC investigation and put a physician’s license at risk:

• Malpractice issues – Even one malpractice incident can lead to an investigation, especially if there was a serious patient outcome. Multiple incidents raise red flags.
• Prescription practices – Prescribing issues include over-prescription of controlled substances, self-prescription, and prescription for non-medical reasons.
• Inappropriate relationships – Romantic relationships with patients, sexual misconduct, and other boundary violations are very serious transgressions.
• Substance abuse – Doctors struggling with drug or alcohol addiction are likely to come under OPMC scrutiny.
• Criminal charges – Arrests or convictions for DUI, domestic violence, and other crimes may threaten a medical license.
• Insurance fraud – Upcoding, billing for unnecessary procedures, and other fraudulent practices can lead to severe penalties.
• Standard of care issues – Failure to meet the expected standard of care when diagnosing or treating patients is another common trigger for investigations.

No doctor wants to end up under OPMC investigation. But here’s the reality: just one complaint, even if it seems minor or is completely unfounded, can lead to a full investigation. You need to know how to protect yourself.

What to Expect in a Professional Misconduct Investigation

If a complaint has been filed against you with the OPMC, you’ll receive a letter letting you know you are under investigation. This starts a process that involves several steps:

• Interviews – Investigators will want to interview you and anyone else connected to the complaint, such as staff and patients. You have the right to have your lawyer present for these.
• Medical records requests – The OPMC will request all medical records related to the complaint. You must comply, but be sure your lawyer reviews them first.
• Subpoenas – Investigators can also subpoena records, documents and testimony from other parties.
• Investigation report – Eventually the OPMC will compile its findings in an investigation report. Your lawyer should review and respond to this report.
• Charges – If the investigation concludes there was misconduct, the OPMC may formally charge you. Your lawyer will help you build your defense.
• Hearing – If charged, your case will go before a committee that will decide if you are guilty of professional misconduct. Having an experienced defense lawyer is crucial here.
• Penalties – If found guilty, you’ll face disciplinary action. A lawyer can help mitigate penalties and guide your appeal options.

I want to emphasize that although you are required to comply with document requests, you should NOT speak to investigators without your attorney present. Anything you say can and will be used against you. Don’t make the mistake of thinking you can just explain what happened and make it go away.