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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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Long Island physician license defense lawyers

By Spodek Law Group | July 27, 2023
(Last Updated On: October 12, 2023)

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.

Why You Need an Experienced License Defense Lawyer

  • We build the strongest defense possible. If charges are filed against you, my top priority is getting them dismissed or beating them at a hearing. I know how to:
    • Thoroughly analyze the OPMC’s evidence and exploit any weaknesses
    • Obtain additional evidence to contradict or discredit their witnesses
    • Raise procedural issues regarding how the investigation was conducted
    • Develop an alternative narrative of what occurred to create reasonable doubt
    • Prepare you to persuasively tell your side of the story
    • Call upon character witnesses from your professional community
    • Retain independent medical experts to challenge the OPMC’s experts
    • Argue against penalties that would damage your career
  • We negotiate resolutions when appropriate. If some charges have merit, I can often negotiate agreements and settlements that minimize damage to your license and let you move forward.
  • We handle appeals if necessary. If the outcome is unfavorable, I will advise you on grounds for appeal and represent you through the appeal process.

The bottom line is you need someone in your corner who knows the system, knows the law, and will fight tirelessly for you. The OPMC has vast resources on their side – make sure you have the same.

Real-World Case Examples

To give you a better idea of how a skilled physician license defense lawyer can make a difference, here are a few examples of cases I have handled:

  • Dr. K was reported for over-prescribing opioids. I obtained records showing the patients had chronic pain that justified the prescriptions. Charges dismissed.
  • Dr. S faced license revocation when multiple patients accused him of sexual misconduct during exams. We proved the patients colluded to extort the doctor. Dr. S kept his license.
  • Dr. A was charged after a patient died following what was later ruled an inadvisable surgery. We used medical experts to show Dr. A acted within standard of care given the complex circumstances. Penalty reduced to a reprimand.
  • Dr. M’s license was suspended due to alcohol addiction. After rehab, we convinced the board to stay the suspension so he could practice under monitoring. His license was later fully reinstated.

In all these cases, having an experienced lawyer was crucial to saving these doctors’ licenses and livelihoods. I can do the same for you.

Don’t Gamble with Your License – Contact My Firm Today

I hope this overview has helped you understand the license defense process and why working with a knowledgeable attorney is so important. Medical license investigations and hearings can be confusing and intimidating, but you don’t have to face them alone.If your license is at risk for any reason, I encourage you to contact my firm immediately for a free, confidential consultation. I will listen to your situation, answer your questions, and if you decide to hire me, start building the strongest case possible.Defending your reputation, career and ability to practice medicine is my top priority. Please call me at 555-555-1234 or contact me online to schedule a consultation. I’m here to help.

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