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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

ny opmc defense lawyers

OPMC Legal Defense New York Medical Professionals

The  New York State enforcement agency whose purview is the regulation and discipline of licensed physicians practicing in New York is the Office of Professional Medical Conduct. The OPMC is empowered to investigate and penalize doctors who are discovered to be guilty of professional misconduct. Our health care specialists at Joseph Potashnik and Associates, PC, boast much experience representing numerous New York physicians when they were up against OPMC inquiries and discipline with a long list of favorable results for our clients.

How Concerned Should I Be About An OMPC Investigation?

In many cases, physicians are unaware that the OPMC even exists, then suddenly they are hit with allegations detailed in a letter from one of their investigators. Largely, medical school graduates come out of school not ever having been obligated to learn much on the topic of professional discipline. Any physician who learns that they are the subject of an OPMC investigation should be clear on the fact that it is possible for them to be inflicted with repercussions as severe as getting their license to practice taken away having their practice severely restricted. From your perspective you may be innocent, but regardless of that perception, anytime the OPMC makes contact with you and commences an investigation into a complaint against you, this should be considered a grave matter off the bat.  Your first act should be to call a well informed health care defense attorney right away. Your livelihood and career could be in serious jeopardy, and you it is not in your best interest to downplay the weight of the circumstances.

What is the Definition of Professional Misconduct by New York Law?

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Defining professional misconduct requires one to consider a rather long list of frowned upon practices that spans different levels of seriousness. These include negligent practice of medicine, practicing areas of medicine one is not qualified or authorized to practice, and practicing medicine under the influence of alcohol or drugs.  Any of these can get a physician charged with professional misconduct. Add to this list fraud and falsification connected to your medical license or authorization to practice, false advertising,unscrupulous financial transactions, including unwarranted fee-splitting and referral arrangements. These finance-based practices are yet an additional segment of activities classed as misconduct. Furthermore, breaking of any of the diverse laws and rules governing public health, proper disclosures, physician advertising, or medical records are all classed as professional misconduct. Often, physicians who have been convicted of a crime also face the possibility of professional discipline. Members of our New York office OPMC legal team can handle all such matters.

Here’s What to Expect in an OPMC Investigation

Commonly, an OPMC investigation is set off by a complaint that is filed accusing a physician of some form of misconduct. Accusations of fraudulent financial practices, abuse of controlled substances, or immoral behavior of a sexual nature are considered more weighty than other offenses. As part of an investigation, the OPMC can subpoena records, contact potential witnesses for interviews, and request that the physician herself attend an interview.

Deciding whether should speak with an investigator is a pivotal choice when you consider that any information you furnish in the interview could potentially be used to prove wrongdoing. Indeed any physician who finds himself in these circumstances would do well to get in touch with a skilled license defense lawyer with haste once they have been notified of a looming investigation. A well prepared defense counsel can apprise you of your rights and obligations in furnishing information, and analyze the details of your situation to assist you in plotting your next steps. Be careful not to send any kind of reply or any documents ahead of discussing things with your lawyer; not only could you potentially hurt your case, but also just furnishing specific types of records could be on it’s own a violation. Make it your business not to speak with the OPMC investigator without your attorney at the table.

If you get a notice from the OPMC, and in it they summon you to an interview, you can bet this is not as simple as it sounds. Your right to legal representation applies here, and you also have the right to have a stenographer present. Investigators can use anything you say against you during the course of the current investigation and even in ensuing investigations and criminal prosecutions. They can bring more charges against you as a result of a misinterpreted statement they got out of you at the  interview. In truth, you are not mandated to submit to the interview at all. Allow your attorney to review all the details to help you figure out if an interview will do you justice or not. It is never a good idea to attend an interview without legal representation.

When all is said and done, the OPMC investigative committee might just close the matter, pursue a deeper investigation, slap you with an administrative warning, send you in for a compulsory physical or psychiatric evaluation, or recommend the filing of a formal action. An administrative warning is confidential and cannot be used as evidence that a physician was deemed guilty of the alleged misconduct.  That said, if another complaint arrives involving the same category of misconduct again, the first case could get reopened. The so-called formal action could include getting your medical license suspended, having to temporarily surrender it, or filing of additional formal misconduct charges.

If it so happens that they file formal charges against you, the hearing has to take place within 60 days before a panel. In preparation for the hearing, both sides can procure discovery from each other, and this can include names of witnesses, copies of documentary evidence, and lists and descriptions of any physical evidence. At any moment ahead of the hearing, the parties can also choose to negotiate a settlement. Before you agree to any offer from the OPMC, consult your attorney. Specific terms that come across as innocuous could carry heavy consequences. You have a right to appeal once the panel makes a determination against you to the Administrative Review Board (ARB) or the Appellate Division; the Appellate Division will additionally hear any appeals from the ARB’s decision.

Repercussions for physicians who are decided to be sufficiently proven guilty of the charges against them are numerous.  You can suffer revocation of license, partial, conditional or unconditional suspension of license, annulment of license, hefty fines, and compulsory additional training.

Anyone who finds him or herself suddenly battling allegations of professional misconduct should get experienced health care attorney on their team right away once they receive have been notified. Furnishing files or verbal replies to investigators without talking to a lawyer first can cripple your case and even potentially put your medical license in jeopardy. Our team of medical license defense lawyers stand by physician clients at every stage of the process. Our familiarity with the relevant laws and procedures in New York State strengthens our prowess to knowledgeably review the details of your unique case and plot the most effective strategy to defend you well.

We have a great team of OPMC lawyers who have been standing with New York physicians in a multitude of licensing matters including license defense and reinstatement, hospital privileges, professional Boards matters, and more. Do give us a call at our office today to make an appointment with an attorney to discuss your situation.


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