Last Updated on: 13th October 2023, 01:54 pm

NY Physician License Defense Lawyers: Protecting Your Medical Career

Becoming a licensed physician in New York takes years of hard work and dedication. You endure long hours studying complex medical information, complete rigorous clinical rotations, pass intensive board exams, and fulfill stringent requirements to finally earn the privilege of caring for patients. Your medical license represents your livelihood and identity as a healer. That’s why if you find yourself facing disciplinary charges or criminal allegations that could put your license in jeopardy, you need experienced NY physician license defense lawyers on your side.This article provides an overview of common legal issues physicians face, how the disciplinary process works, potential penalties, and most importantly – how a knowledgeable lawyer can defend your reputation, career and right to practice medicine in New York.

Typical Legal Situations that Threaten a Medical License

Doctors have a higher duty to protect public health and safety. While most physicians practice ethically and responsibly, allegations of misconduct still occur. Some common legal situations NY doctors face include:

• Malpractice lawsuits – If a patient suffers harm under your care, they may sue for negligence. Even if unfounded, these civil cases can trigger scrutiny by the medical board.
• Prescription monitoring – Strict rules govern prescribing controlled substances. Heavy patient loads and poor documentation can lead to accusations of over-prescribing.
• Sexual misconduct – Boundary violations with patients, even consenting relationships, are considered unethical and illegal in New York.
• Fraud investigations – Allegations like upcoding procedures, billing for services not performed, or kickbacks can result in criminal charges.
• DUI charges – For physicians, a DUI implies substance abuse and can prompt a medical board inquiry.
• Criminal convictions – Any felony or crime of moral turpitude calls your judgment into question and will likely affect your license.
• Mental illness – Conditions like depression or addiction that impair your ability to practice safely must be reported to the board.
• Disciplinary actions in other states – NY will often reciprocate against your license if you are sanctioned elsewhere.

While anyone can submit a complaint, most originate from patients, colleagues, hospitals/clinics, and insurance companies. Some allegations are minor, like failing to display your license. But others are far more serious and can completely derail your career if not handled properly.

The New York Physician Disciplinary Process

New York has a standardized process for investigating and disciplining physicians through the Office of Professional Medical Conduct (OPMC).

• Complaint – Anyone can file a complaint against a licensed NY doctor. The OPMC reviews each one to decide if an inquiry is warranted.
• Investigation – If the OPMC opens a case, they gather evidence through interviews, medical records, expert reviews, etc. You may be asked to provide information.
• Charges – Based on findings, the OPMC’s Medical Conduct Board votes on whether to formally charge you with misconduct.
• Hearing – If charged, you can defend yourself at a hearing before a committee of the Board for Professional Medical Conduct.
• Penalties – If found guilty, the board imposes disciplinary actions like censure, probation, suspension, or revocation of your license.
• Appeal – You can appeal the decision to the Administrative Review Board (ARB). The ARB can amend or overturn sanctions.
• Judicial review – As a last resort, you can appeal the ARB’s decision through the court system (a complex process).

At any point in the process, the OPMC may negotiate a settlement with you, called a Consent Agreement. This involves admitting fault in exchange for less severe penalties. While tempting to avoid a hearing, consent agreements can still deeply impact your practice, so legal guidance is key.

Potential Penalties In New York Medical Disciplinary Cases

If found guilty of professional misconduct, the OPMC can impose significant punishments:

• Censure/reprimand – A formal letter of admonition is put on your permanent record.
• Probation – Your license is placed on probationary status for a set period with conditions.
• Restitution – You must reimburse costs to patients harmed by your actions.
• Limitation – The OPMC restricts your license and ability to perform certain procedures.
• Suspension – Your license is rescinded for a period like 30, 60 or 90 days up to multiple years.
• Revocation – This permanently terminates your license with no possibility of reinstatement. It effectively ends your medical career in New York.
• Fines – You may have to pay fines up to $10,000 per violation.
• Continuing education – You are required to complete remedial medical coursework.
• Community service – The board may order you to perform free healthcare services.

The impacts of probation, suspension and revocation are obvious. But even a letter of reprimand on your regulatory record can limit your ability to obtain licensure or privileges in other states or renew necessary certifications.

Why Hiring a New York Medical License Defense Lawyer is Critical

Navigating the OPMC disciplinary process is complex. The investigators, lawyers and experts are laser-focused on proving you violated the rules. They have broad authority to impose career-ending penalties.You need knowledgeable legal counsel to protect your reputation, livelihood and right to practice. An experienced NY physician license defense lawyer levels the playing field by:

• Acting as your advisor – Helping you understand your rights and strategic options at each stage. Should you agree to an interview or provide records? Is a consent order advisable? What are the risks of going to a hearing? You need impartial guidance.
• Performing an investigation – Independently gathering exculpatory evidence, locating supporting witnesses, and assessing the strength of the OPMC’s case against you.
• Negotiating with the OPMC – Trying to get the complaint dismissed or consent order penalties reduced as much as possible.
• Defending your license – Representing you at the hearing and presenting the strongest case in your favor. Also filing appeals if necessary.
• Avoiding missteps – Preventing you from making legally compromising mistakes out of naivety – like agreeing to an interview or admitting fault without understanding the consequences.
• Minimizing harm – If sanctions are unavoidable, negotiating the least damaging outcome so you can return to practice as soon as possible.

When your career hangs in the balance, you need an attorney who knows the intricacies of New York’s medical disciplinary system and how to effectively challenge the OPMC’s accusations against you. They act as your shield, voice and advocate so the truth prevails.

Questions to Ask When Choosing a NY Medical License Defense Lawyer

Not all lawyers have the right skills and experience to handle NY physician disciplinary cases. During consultations, ask these key questions:

• Are you licensed in New York? Out-of-state lawyers cannot represent you.
• What percentage of your cases involve professional license defense? Look for at least 50%.
• How many NY doctors have you represented in OPMC hearings? Look for at least 20 or 30.
• Are you familiar with OPMC investigators and their tactics? They need inside know-how.
• Will you personally handle my case or pass it to an associate? You want an experienced lead lawyer.
• How often do your physician clients avoid license suspension or revocation? The best lawyers have high rates of success.
• Can you provide references from doctors you’ve represented? Speaking with past clients is invaluable.
• How quickly do you return calls and emails? You need 24/7 access to your lawyer.
• What are the total fees and costs? Get fee estimates in writing.

Conclusion

Facing disciplinary action by the NY OPMC can be frightening for physicians. Your career, reputation and financial security are all at risk. Trying to navigate the complex legal process alone can have catastrophic consequences.The best thing you can do is retain an experienced NY physician license defense lawyer immediately. They know how to effectively challenge the OPMC’s accusations against you, avoid missteps that could worsen your situation, and achieve the most favorable outcome possible. Your lawyer serves as your trusted guide and advocate, allowing you to focus on providing excellent care for your patients.