New York OPMC Attorney | NYC OPMC Lawyers
When we represent physicians in the OPMC matters, we always strive to resolve issues quickly before the situation escalates. We would begin by thoroughly investigating your case by interviews and document reviews. We will then present out position to the OPMC investigator often convincing the agency to terminate the case before it reaches the next level.
Graduating from medical school, surviving 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 both the physician and their 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 NY OPMC lawyer to represent you when contacted by the Office of Professional Medical Conduct.
While many New York doctors have never heard about the OPMC, it is the organization authorized by law to investigate professional misconduct committed by physicians and physician assistants.
If a New York medical doctor is found guilty of professional misconduct, either after a formal hearing or by consent agreement, he or she may be subject to a variety of potential penalties including:
- Revocation of license
- Full or partial suspension of license with or without conditions
- Annulment of license
- A maximum fine of $10,000 for each charge of misconduct
- Public reprimand
- A requirement of additional education and training
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WHAT HAPPENS WHEN MISCONDUCT COMPLAINT IS FILED AGAINST A NEW YORK PHYSICIAN
Professional disciplinary process for New York physicians usually begins with a complaint filed with the Office of Professional Medical Conduct (OPMC). The OPMC will investigate any complaint alleging misconduct. During this time the OPMC may interview the physician and potential witnesses, subpoena records, etc. The OPMC will then notify the physician, generally by a letter in the mail or by telephone, often requesting an interview. In some cases, patient records will be requested. It is important to know, that while the licensee has an obligation to cooperate with the disciplinary authorities and must provide any requested documentation, one is not obligated to agree to an interview.
In fact, no physician should be speaking with any investigators with the Office of Professional Medical Conduct prior to seeking legal advice.
In cases where the physician does submit to an OPMC interview, the agency will prepare a Report of Interview and make it available to the physician. A that point, an experienced New York OPMC attorney can many times convince the OPMC the issue is not worth pursuing.
However, if the initial OPMC investigation determines that there is sufficient evidence of professional misconduct, the case will be referred to the Investigation Committee. Members of an Investigation Committee are two doctors and a lay person.
When the investigation is concluded, the case investigator will refer the investigative report to a committee that consists of two doctors of the special OPMC physician panel and one non-physician. The committee will make a recommendation regarding the next step. For example, they may determine that there is no cause for further action and the case will be closed. Alternatively, they may demand further investigation, issue an administrative warning to the licensee, or require the licensee to undergo a physical or psychiatric evaluation.
The committee may recommend that a formal action against the licensee be filed. In this case, an administrative hearing will be scheduled. Many physicians seek to settle the case by a Consent Agreement in lieu of a formal administrative hearing.
Under certain circumstances, when the Department of Health determines that a physician is an imminent threat to the health, safety and welfare of the public or in the case the licensee has been convicted of a felony, the license may be temporarily suspended prior to the administrative hearing.
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CAN A PHYSICIAN APPEAL THE PANEL’S FINDING?
There are two ways to appeal the hearing outcome. First, there is an administrative avenue where both the physician and the State may appeal the outcome of the hearing to the Administrative Review Board (ARB). It is the only administrative appellate remedy. The board consists of three physicians and two lay persons. The process is overseen by an Administrative Law Judge.
Both parties may file legal briefs and the Board will issue its decision within 45 days after the briefs are filed.
Another avenue is a judicial one. The panel’s hearing findings and/or the ARB’s determination may be appealed by bringing an Article 78 action in the Appellate Division of the New York Superior Court.
WHAT IS THE RIGHT WAY TO RESPOND TO AN OPMS INVESTIGATION?
When you discover that you are the subject of the OPMC investigation, you must consult with an experienced NY opmc attorney who has handled the OPMC actions.
As a licensee, you are obligated to cooperate with the investigation.
Failure to cooperate is professional misconduct on its own. Cooperation, however, does not mean forfeiting your rights and you do have the right to consult with a NY opmc attorney before discussing the case with the investigator. You do not have to speak with the investigators.
It is essential to understand that every word you say and any information you provide will become part of the investigative report as comprised by the investigator. It will not matter that you did not say or mean exactly what the report says. It will be your word against the investigator’s and the odds will not be in your favor. Moreover, you may be subject to additional charges based only on your voluntary statements.
When approached by an OPMC investigator, the only correct way to handle the situation is to assure the investigator that you are willing to comply with the investigation and insist on discussing the matter with your attorney first. Your attorney will then contact the investigator on your behalf.
This will save you from making implicating admissions that could make the case more difficult to resolve. Participation in an OPMC interview without prior legal consultation and preparation may be absolutely fatal to the outcome of your case and your future ability to practice medicine.
Spodek Law Group can help you with any OPMC concerns
If you are a physician, physician assistant, or other medical professional licensed in New York; one day you might find yourself dealing with the Office of Professional Medical Conduct (OPMC). The OPMC, is a serious agency, and it’s responsible for investigating and prosecuting complaints of professional misconduct against medical professionals in New York.
When you’re facing an OPMC investigation, it can be stressful and frightening, but with the right criminal defense representation you can get through it. Our goal in this article, is to provide you with information about the OPMC, how investigations proceed, your rights and responsibilities in an investigation, potential penalties you could face, and why hiring an experienced OPMC defense attorney is so important.
What is the New York OPMC?
The OPMC is a branch of the New York State Department of Health. It is responsible for investigating complaints against healthcare professionals, misconducting hearings, and is responsible for disciplining physicians, physician assistants, specialist assistants, and others under its jurisdiction when they are found guilty of professional misconduct.Some key things to know about the OPMC:
- It has broad authority to investigate alleged professional misconduct and impose discipline on those it regulates.
- It can initiate investigations based on complaints from patients, colleagues, hospitals, insurers, and others. A single complaint is enough to trigger an investigation.
- Its investigators have backgrounds in healthcare, law enforcement, and insurance fraud investigation. They take all complaints seriously, even anonymous or seemingly frivolous ones.
- It is exempt from HIPAA privacy regulations, meaning physicians under investigation must provide patient records when requested. Failure to cooperate is considered misconduct in itself.
Defending Your Medical License: NYC OPMC Lawyers You Can Trust
If you’re a healthcare professional, and you’re facing disciplinary action from the New York State Office of Professional Medical Conduct (OPMC), you know how serious the situation is. The OPMC investigation can put your entire career at risk – your license, reputation, and livelihood are all on the line. That’s why it’s critical to have a NYC OPMC lawyer from Spodek Law Group in your corner. Our criminal defense attorneys fight to protect your rights and future. At Spodek Law Group, our law firm has successfully defended numerous medical professionals against OPMC criminal accusations. Our criminal attorneys understand what you’re going through, and we’re here to help.
What is the OPMC?
The OPMC is the government watchdog for doctors in New York State. This government entity is focused on investigating complaints, and disciplining medical professionals for misconduct or negligence.
Here are some common reasons the OPMC might come after you:
- Gross negligence or incompetence
- Substance abuse issues endangering patient care
- Criminal convictions related to your practice
- Unethical or unprofessional behavior
- Fraud, deception, or filing false reports
If there are any questions about your ability to practice medicine, the OPMC can open a criminal investigation. You don’t want to face these charges alone.
Why Hire a New York OPMC Lawyer?
Defending your medical license is way too important to risk going it alone. Our NY OPMC attorneys can provide legal guidance to help you move forward through this. We know the ins and outs of the OPMC disciplinary process, we know the tactics used by OPMC prosecutors, and most importantly – we know the most effective defense strategies against them.
We understand what’s at stake for you and your career. Losing your medical license can mean losing everything you’ve worked so hard for.
With a top OPMC lawyer on your side, you’ll have the best chance at:
- Getting criminal charges reduced or dismissed entirely
- Negotiating a settlement that works for you
- Keeping your license and ability to practice medicine
- Protecting your reputation
Why Choose Spodek Law Group?
At the end of the day, what really matters is results. Our team has successfully defended medical professionals across NYC, and the entire state against all kinds of OPMC accusations and criminal charges.
Physicians trust Spodek Law for their OPMC cases for a number of reasons:
Aggressive Advocacy – Our attorneys are very aggressive when it comes to defending your rights and professional reputation. We poke holes in the prosecution’s case, and leverage every possible strategy to get you the best possible outcome.
Personal Service – You work directly with a senior OPMC lawyer who will give your case, and give you the attention it deserves. We treat our clients like family and ensure you’re always up-to-date on your case status.
We’ve earned a reputation for excellence. We consistently deliver results for our clients.
The OPMC Disciplinary Process
If you’re facing potential disciplinary action, it’s crucial to understand how the OPMC investigation works. Here’s a quick overview:
- Complaint – It starts with a complaint filed against you, often by a patient, colleague, hospital, or other government agency. Even frivolous complaints must be investigated.
- Investigation – The OPMC government agency investigators are going to gather evidence, interview any witnesses, get medical records, and may even go undercover to investigate your practice.
- Charges Filed – If the investigation finds evidence of misconduct, the OPMC will file disciplinary charges against your license.
- Hearing – You’ll have an opportunity to defend yourself against the charges at an administrative hearing before a committee.
- Ruling – The committee will determine if the charges are substantiated based on evidence presented.
- Possible Discipline – Depending on the situation, discipline from the OPMC can range from fines, all the way up to license suspension or revocation.
- Appeals – You have the right to appeal disciplinary rulings to higher courts based on errors of law or fact.
It’s a complicated, high-stakes process that you don’t want to navigate alone. Having an experienced OPMC lawyer from the very start gives you the best chance at a favorable outcome.
Defending Doctors: NYC OPMC Lawyers Protecting Your Medical License
As a physician, you’ve dedicated your life to helping others. Unfortunately, even the best physicians can find themselves in the crosshairs of the New York State Office of Professional Medical Conduct (OPMC). All it takes is one complaint or allegation of misconduct, and suddenly your medical license – and your ability to practice – is at risk. At Spodek Law Group, our veteran team of OPMC defense attorneys has successfully represented countless medical professionals against a wide range of charges and allegations.
Typical OPMC Investigations
If an OPMC complaint has been made against you, here is what you can expect in a typical investigation:
- You will receive a letter, from OPMC, telling you about the complaint and investigation. The letter may request that you provide written information or records.
- An investigator from the OPMC may contact you requesting an interview. Even though the investigator reaches out to you, are not required to submit to an interview, and it’s usually advisable to consult an attorney before agreeing to one. Anything you say can be used against you.
- The investigator will interview the complainant and other witnesses, gather pertinent records, and prepare an investigation report.
- If the findings warrant it, the case will be referred to a 3-member Investigation Committee – two physicians and one layperson. They will review the evidence and recommend whether formal charges should be filed.
- If criminal charges are filed, you will have the opportunity to settle the case via a consent agreement or take the matter to a hearing before a committee of the OPMC’s Board for Professional Medical Conduct.
- After a hearing, the committee will make a determination and recommend potential penalties to the full board.
- You have the right to administratively appeal any adverse decision to the Administrative Review Board (ARB). After the ARB, you can file an Article 78 proceeding in NY court.
Your Rights and Responsibilities In OPMC Investigations
As the subject of an OPMC investigation, you have important rights, including:
- The right to legal representation – have an experienced OPMC defense attorney advise and represent you through the process.
- The right against self-incrimination – you cannot be compelled to make self-incriminating statements.
- The right to obtain and review evidence – including the complaint, witness statements, investigation report, etc.
- The right to hearing by committee and appeal.
You also have key responsibilities:
- Duty to cooperate – you must comply with requests for records, but are not compelled to submit to an interview.
- Duty not to obstruct – destroying evidence or interfering with the investigation can lead to charges.
- Duty to report – you may need to report the investigation to hospitals, insurers, etc.
Knowing your rights and responsibilities will help you safely navigate the investigation process.
Potential Penalties in OPMC Cases
If the charges alleged by the OPMC are found to be substantiated, and you are found guilty of professional misconduct, potential penalties imposed by the OPMC include, but are not limited to:
- Letter of reprimand
- Probation
- License suspension
- License revocation
- Fines (up to $10,000 per violation)
- Practice limitations or monitoring
- Continuing education or training
- Community service
Penalties from the OPMC will depend on the nature of the violation and mitigating factors. Many cases with the OPMC are resolved via consent agreements, which allow negotiated settlements. However, some violations may result in license revocation.
Why Hire a New York OPMC Defense Attorney?
Facing an OPMC investigation is serious. Your medical license and career are on the line.