Last Updated on: 12th October 2023, 06:22 pm

NY Physician License Defense Lawyers – A Helpful Guide

Obtaining a medical license in New York state is an arduous process that requires years of education, training, exams, and more. For physicians who have worked so hard to establish their careers, having that license threatened or revoked can be devastating both professionally and personally.If you are a NY physician facing potential disciplinary action against your license, it is critical that you understand your rights and explore all legal options available. Hiring an experienced NY physician license defense attorney to represent you can significantly improve your chances of a favorable outcome. This article provides an overview of common license defense scenarios, the disciplinary process, and how a knowledgeable lawyer can help.

When Might a NY Physician Need a License Defense Lawyer?

There are a variety of situations that could potentially put your medical license at risk of suspension or revocation in New York. Some of the most common include:

• Complaints of sexual misconduct – whether involving patients, staff, or other scenarios. This covers a range of inappropriate behaviors like sexual harassment, assault, romantic relationships with patients, etc.
• Mishandling of prescriptions or medications – such as overprescribing, prescription fraud, self-prescribing, etc.
• Gross negligence or incompetence in treating patients – making serious errors that harmed patients.
• Healthcare fraud – upcoding procedures, billing for services not performed, etc.
• Unethical dealings with patients – discriminating against them, fraudulent billing, performing unwanted procedures, etc.
• Substance abuse issues – addiction/abuse of drugs or alcohol.
• Criminal convictions – depending on the offense, even a misdemeanor could prompt disciplinary action.

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).

Overview of the NY Physician Disciplinary Process

New York has a standardized process for investigating complaints and administering discipline to physicians who are accused of misconduct or violations. Here are the key stages:

• A complaint is filed – This can be submitted by any member of the public, most commonly patients, coworkers, other practitioners, or insurance companies.
• OPMC investigates – The OPMC has broad authority to gather evidence, interview witnesses, and build a case against you. You may be asked to provide information.
• Charges filed or a consent agreement offered – If sufficient evidence of misconduct is found, you will either face formal charges at a hearing or be offered a consent agreement (plea deal).
• Formal hearing – If no consent agreement, your case goes before the Board for Professional Medical Conduct for a hearing. You can have a lawyer represent you.
• Board decision – The Board will determine if you are guilty based on a “preponderance of evidence” standard and impose disciplinary action if so, up to and including revocation of your license.
• Appeal – If you disagree with the decision, you can appeal to an Administrative Review Board.

As you can see, the deck is stacked against physicians from the start. The OPMC has significant resources and powers to investigate complaints and prove charges against you. And the standard of evidence for a guilty finding is relatively low.

How a NY Physician License Defense Lawyer Can Help

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 a number of valuable services, such as:

• Acting as your legal representative throughout the process
• Reviewing the complaint and planning the best defense strategy
• Gathering exculpatory evidence and finding witnesses to support your case
• Negotiating with the OPMC to have the complaint dismissed or charges reduced
• Negotiating a consent order with favorable terms if appropriate
• Zealously defending you during a formal hearing
• Appealing the decision if the outcome is unsatisfactory
• Helping you reinstate your license if it is revoked

An attorney who understands the New York 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.In summary, NY physicians should seek counsel from a dedicated license defense lawyer as soon as they become aware of any issue that could put their license in jeopardy. The lawyer can take over interactions with the OPMC and build the strongest case possible in your defense. This gives you the best chance of preserving your medical career.

Examples of Successful NY Physician License Defenses

To give you an idea of how a skilled NY physician license defense lawyer can make a difference, here are some examples of favorable case outcomes our attorneys have achieved:

• Prescription violation charges dropped – Our attorneys got charges dismissed against a client accused of overprescribing opioids. We uncovered records that the prescriptions were within guidelines.
• No suspension for negligence – Instead of a 6-month suspension, we secured a settlement with just remedial training for a physician accused of negligence resulting in patient injury.
• Felony conviction penalty reduced – We minimized the damage of a physician’s felony tax fraud conviction, reducing the license suspension from 5 years to 6 months.
• Full reinstatement of license after revocation – After successfully appealing the revocation decision, we guided a client through the process to fully reinstate her medical license.

As you can see, an experienced license defense lawyer can intervene at any stage of the process – investigation, hearing, or appeal – to achieve the most favorable result possible. Don’t leave your career up to chance.

Questions to Ask When Choosing a NY Physician License Defense Attorney

If your NY physician license is at risk, it’s crucial to vet potential lawyers thoroughly to find the best one to represent you. Here are key questions to ask:

• How much experience do you have specifically with NY physician license cases? Look for at least 10-15 years handling these cases in NY.
• What is your track record of success with similar cases? Ask for win-loss statistics and examples of favorable outcomes.
• Who exactly will be working on my case? Will a senior attorney be directly involved? Avoid firms that pass you off to junior lawyers.
• What will your litigation strategy be for my specific situation? Look for a tailored game plan vs. a generic approach.
• What are the total fees and costs I can expect? Get quotes from multiple lawyers before deciding.
• Can you share contact info for past physician clients I can call for a reference? Speaking to past clients can give you peace of mind.

Don’t rush this critical decision or just go with the first lawyer you find. Vet several potential attorneys thoroughly before choosing who to entrust with your career.

Conclusion: Act Quickly If Your NY Medical License Is At Risk

Losing your hard-earned medical license in New York can destroy your livelihood and professional reputation. If you are being investigated or charged with misconduct, it is imperative that you act quickly to protect yourself.Start by consulting with a NY physician license defense lawyer as soon as possible. An experienced attorney can take over communication with the OPMC and build a strong defense on your behalf. This will give you the best chance of resolving the issue with minimal damage to your practice.Use this guide to understand the disciplinary process, recognize when your license may be in jeopardy, and choose the right lawyer for your specific situation. Don’t leave your career up to chance – let a knowledgeable NY physician license defense attorney fight to protect your license and your future.