Last Updated on: 13th October 2023, 01:39 am

Practicing medicine in New York State requires years of education, training, exams, and ultimately earning a medical license. For doctors, this license is everything – it allows you to practice medicine and serve patients. However, if you are accused of misconduct, your medical license can be at risk. This is where experienced New York doctor license defense lawyers can help.Retaining legal counsel immediately upon notification of an investigation is critical. New York has a standardized process for investigating and disciplining licensed physicians through the Office of Professional Medical Conduct (OPMC). Here is what doctors facing OPMC complaints or investigations need to know:

The Role of the OPMC

• The OPMC is part of the New York State Department of Health and is tasked with investigating complaints against physicians, physician assistants, and medical residents.
• It has the authority to sanction doctors found guilty of professional misconduct by suspending or revoking medical licenses.
• The OPMC receives complaints from patients, colleagues, practitioners, and insurance companies.
• Once notified of a complaint, the OPMC begins a formal investigation. Doctors should consult an attorney before speaking to investigators.

Defining Professional Misconduct

• Misconduct includes negligent practice, practicing outside one’s qualifications, substance abuse, criminal convictions, sexual misconduct, insurance fraud, and more.
• Even minor errors or omissions in record-keeping can trigger investigations, so documentation is critical.
• The rules for professional conduct are complex; an attorney can advise if the specific allegations constitute misconduct.

The Disciplinary Process

• If the complaint is not dismissed after investigation, a formal hearing is held before the Board for Professional Medical Conduct.
• Doctors can defend themselves at the hearing with a lawyer. The Board then determines guilt/innocence and disciplinary action.
• Possible penalties include censure, probation, fines, license suspension or revocation.
• Doctors can appeal Board decisions to an Administrative Review Board.

Why Hire a License Defense Attorney?

• Levels the playing field against OPMC lawyers and investigators.
• Provides experienced legal guidance and advocacy from investigation through hearings.
• Negotiates dismissal of complaints or lesser penalties through consent orders.
• Gathers evidence and witnesses to refute allegations.
• Ensures fair proceedings and avoids self-incrimination.
• Appeals adverse rulings.
• Assists with license reinstatement.

Choosing the Right License Defense Lawyer

• Look for experience specifically with New York medical license defense cases.
• Find someone familiar with OPMC procedures and laws.
• Consider reputation and track record of success.
• Lawyer should be responsive, trustworthy, and focused on your best interests.
• Fees/rates should be clear and reasonable for services.
• Good client communication skills.

Doctors work hard to earn the privilege of practicing medicine in New York. However, one complaint to the OPMC can put that license in jeopardy. Retaining an experienced New York doctor license defense attorney immediately upon notification of an investigation provides the best chance of protecting your reputation and medical career. The lawyer can guide you through the process, defend against allegations, and advocate for a favorable resolution. Don’t leave your livelihood to chance – call a dedicated medical license defense lawyer right away.