Our firm can help defend physicians and physician’s assistants in criminal and professional licensing matters with the Office of Professional Medical Conduct (OPMC). In fact, defending New York physicians is one of our primary practice areas.
Attending and graduating from medical school, surviving medical residency, and keeping up with rigid everyday requirements of a medical practice are all remarkable achievements that only few accomplish. Being a practicing physician is definitely a matter of special pride for you and your family. Your practice, your livelihood, and your social standing all depend on your medical license. This is why when your medical license is in jeopardy, it is so essential to seek an experienced New York medical license defense attorney to represent you.
In New York, the NY Education law Section 6530 sets forth the list of actions considered professional medical misconduct. This is not a full list but the most common issues for which result on physician’s discipline in New York.
Many factors may trigger an investigation and a disciplinary action that could cost you loss of your medical license. Both New York statutes define numerous actions that are considered professional misconduct. If a medical doctor is found to have committed professional misconduct, which includes being convicted of a crime, the licensing agency, at the request of the OPMC will surely take a disciplinary action that is likely to effectively restrict or terminate your practice.
No disciplinary action takes place without a prior investigation. If you know that you are under investigation by a state administrative or law enforcement agency, there are two options open to you. You may handle the situation yourself or you may exercise your rights and seek legal counsel.
Remember, however, that lawyers do not practice medicine and physicians should not be practicing law. If you attempt to resolve the issue without an experienced NY medical defense attorney, hoping that voluntary cooperation will make the problems disappear, you are wrong. Any information obtained during the investigation will become part of the OPMC investigative report and will be used against you. You may substantially complicate your case if you try to handle it yourself.
We recommend that physicians never discuss any details of their cases with anyone, especially the OPMC investigators. If you receive a letter from the OPMC informing you that you are subject to an investigation, you have a duty to comply with any document requests but you have no duty to make any statements with the investigators. You should contact our office right away when you receive the OPMC letter prior to contacting the investigator.
We can help represent physicians charged with diversion of narcotics, drunk driving, and sex crimes. We can help deal with just about any law enforcement agency involved in prosecution of doctors in New York including:
• The Inspector General
• The FBI
• District Attorney’s Office
• Medicaid Fraud Control Unit of the Attorney General’s Office
• The DEA
If you are facing criminal charges in any court or if you are a target of a criminal investigation you need a defense attorney who understand the nuances of medical practice as well as the criminal justice system.
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Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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