Last Updated on: 15th October 2023, 01:39 pm

Defending Your NY Medical License: A Guide for Physicians Facing Disciplinary Action

Obtaining a medical license in New York state is no easy feat. It requires years of education, training, exams, and more. For physicians who have worked tirelessly to establish their careers, having that license threatened or revoked can be devastating professionally and personally.

If you are a NY physician facing potential disciplinary action against your license, it is absolutely 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 Your NY Medical License May Be At Risk

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:

• 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 – Billing for services not provided, upcoding procedures, etc.
• Poor recordkeeping – Not maintaining adequate or accurate medical records.

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 accused of misconduct or violations. Here are the key stages:

• Complaint – Anyone can file a complaint against a NY licensed physician to the OPMC. This initiates an investigation.
• Investigation – The OPMC has broad power to subpoena records, interview witnesses, and collect evidence. Physicians may choose to be interviewed.
• Charges – If misconduct is found, formal charges will be filed and served to the physician. Several hearings may be held.
• Hearing – The physician responds to charges at a hearing before a committee. Witnesses may testify.
• Determination – The committee decides if the physician is guilty and imposes disciplinary action. Penalties can range from censure to revocation of license.
• Appeal – The physician may appeal the determination to the Administrative Review Board, and then to the civil court system.

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.

Why Hiring a NY License Defense Lawyer is Critical

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 in all OPMC communications
• Helping prepare your responses to questions and build your defense strategy
• Gathering information and evidence to refute the charges
• Negotiating with the OPMC for dismissal or reduction of charges
• Defending you at hearings and presenting evidence on your behalf
• Appealing any adverse rulings to higher courts

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.

Real-Life Case Examples of Successful NY 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 lawyers got charges dismissed against a physician accused of overprescribing. We presented evidence showing prescriptions were medically necessary.
• Suspension reduced to probation – We appealed a 1-year suspension against a doctor convicted of DUI. Got penalty reduced to 2 years probation. Doctor kept license.
• Revocation reversed to suspension – Our lawyers won an appeal reversing license revocation of a physician found negligent in two patient deaths. Negotiated a 6-month suspension instead.
• No disciplinary action – We refuted charges of inappropriate sexual comments toward staff. After hearing our defense, the OPMC closed the case with no discipline imposed.

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.

Choosing the Best Lawyer for Your NY License Defense

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 many years have you been handling NY physician license cases specifically?
• What is your track record of favorable outcomes in cases similar to mine?
• Are you familiar with navigating OPMC investigations and hearings?
• Will you personally handle my defense or pass it to an associate?
• What legal fees should I expect and what is your refund policy?

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 to Protect Your NY Medical License

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 license and career. Don’t leave it to chance – contact a dedicated license protection lawyer right away.