Last Updated on: 15th October 2023, 01:41 pm

Defending Your NY Medical License

When Your Medical License May Be At Risk

There are a variety of situations that could potentially jeopardize your medical license in New York. Some of the most common include:

• Medical malpractice – If a patient alleges you provided negligent or substandard care that resulted in harm.
• Inappropriate prescribing – Overprescribing medications, prescribing without examining patients, prescribing to family members, etc.
• Sexual misconduct – Any inappropriate sexual contact with patients or staff. This includes sexual harassment.
• Substance abuse – If there are concerns you may be impaired by alcohol or drugs while practicing.
• Criminal activity – Arrests or convictions for any crimes, including DUI, domestic violence, fraud, etc.
• Insurance fraud – Falsifying insurance claims, billing for services not performed, upcoding procedures, etc.
• Unethical conduct – Breaches of ethics like disclosing patient confidences, falsifying records, discriminating against patients, etc.

If a complaint is formally filed against you for any of these reasons, it will trigger an investigation by the New York Office of Professional Medical Conduct (OPMC) [1].

Why You Need an Experienced License Defense Lawyer

To level the playing field and give yourself the best chance of a favorable outcome, it is strongly advised to hire an attorney experienced in NY physician license defense specifically. A knowledgeable lawyer can provide valuable services like:

• Acting as your legal representative in all OPMC communications
• Reviewing the complaint and charges to build the best defense
• Gathering evidence and finding witnesses to support your side
• Negotiating dismissal of the complaint or lesser penalties
• Defending you vigorously during the hearing
• Appealing an adverse decision

An attorney well-versed in the NY disciplinary system can also advise you on how to avoid common missteps that could worsen your situation, such as voluntarily providing unnecessary information to investigators.

Case Studies: When a Lawyer Makes a Difference

To illustrate how a skilled NY physician license defense lawyer can impact outcomes, here are some real-world examples:

• A doctor accused of sexually harassing staff had charges dismissed after his attorney presented evidence the accusers colluded to fabricate allegations.
• A physician charged with negligence for a patient death kept his license after his lawyer demonstrated it was an unforeseeable complication.
• An anesthesiologist caught diverting opioids only received a 6-month suspension after his attorney negotiated a consent agreement with OPMC.
• A doctor convicted of a DUI had his license reinstated early after his lawyer petitioned the board citing his rehabilitation efforts.

As you can see, an experienced license defense lawyer can intervene at any stage of the process to achieve the most favorable result possible.

Choosing the Right Lawyer for Your Case

Don’t leave your career up to chance. If your NY physician license is at risk, it’s crucial to thoroughly vet potential lawyers to find the best one to represent you. Here are key questions to ask:

• How many years have you been handling NY license defense cases? Look for 10+ years experience specifically with OPMC cases.
• What is your track record of favorable outcomes? Ask for win-loss statistics and examples of cases won.
• Are you familiar with the physicians and committees who will hear my case? Look for someone who regularly practices before NY boards.
• Will you personally handle my case or pass it to an associate? Insist on attorney continuity.
• What will your legal fees be? Get quotes from multiple attorneys before deciding.