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NY Medical License Defense Attorney

New York Medical  License Defense Attorney

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.

What is Professional Medical Misconduct in New York

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.

  • Obtaining the license fraudulently;
  • Practicing the profession fraudulently or beyond its authorized scope;
  • Negligence
  • Incompetence
  • Practicing the profession while impaired by alcohol, drugs, physical disability, or mental disability;
  • Alcohol and drug abuse
  • Practicing with a psychiatric condition which impairs the licensee’s ability to practice;
  • Being convicted of a crime or improper professional practice or professional misconduct by another state, or being disciplined by another state;
  • Permitting or helping an unlicensed person to perform activities requiring a license;
  • Practicing the profession while the license is suspended or inactive
  • Kick backs for patient referrals
  • Illegal fee splitting
  • Moral unfitness to practice medicine;
  • Making false statements or reports or failing to file a report required by law or by the department of health or the education department,
  • HIPAA violations
  • Performing unauthorized professional services
  • Unethical Advertising
  • Failing to respond within thirty days to written communications from the department of health and to make available any relevant records with respect to  an inquiry or complaint about the licensee’s professional misconduct
  • Patient abuse
  • Failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient
  • Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensee
  • Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient

 

New York OPMC – Medical License Defense Lawyers

OPMC Investigations in New York – what to do

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.

New York Medical License Defense Lawyers

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.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

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