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

Defending Your Medical License in New York City: A Guide for Physicians

Obtaining a medical license in New York City represents years of intense education, training, exams, and meeting stringent requirements. For physicians, this license is your livelihood and identity. That’s why if you find yourself facing disciplinary charges or criminal allegations that could put your license at risk, you need experienced NYC medical license defense lawyers on your side.

This article provides an overview of common legal situations doctors in NYC face, how the disciplinary process works, potential penalties, and most importantly – how knowledgeable lawyers can defend your reputation, career and right to practice medicine.

Common Legal Situations NYC Doctors Face

Doctors have a higher duty to protect public health and safety. While most physicians practice ethically, allegations of misconduct still occur. Some common issues include:

• Sexual Misconduct: Sexual harassment, assault, inappropriate relationships with patients or staff.
• Prescription/Medication Issues: Overprescribing, mishandling medications, self-prescribing.
• Negligence: Gross negligence or incompetence in treating patients.
• Fraud: Billing fraud, falsifying records, fraudulent dealings with patients.
• Substance Abuse: Drug or alcohol abuse that impacts ability to properly care for patients.
• Criminal Activity: Arrests or convictions for DUI, assault, theft, etc.
• Unethical Conduct: Discrimination, out-of-scope practice, false statements on licensing applications.

While anyone can submit a complaint, most come from patients, colleagues, hospitals, and insurance companies. Some allegations are minor, but others can completely derail your career if mishandled.

New York’s Physician Disciplinary Process

New York uses a standardized process for investigating and disciplining physicians through the Office of Professional Medical Conduct (OPMC). The OPMC can negotiate a settlement, called a Consent Agreement, at any point. This involves admitting fault in exchange for reduced penalties. While tempting to avoid a hearing, legal guidance is critical before agreeing to a consent order.

If no settlement is reached, the next steps are:

• Investigation: The OPMC investigates the complaint through interviews, medical records review, etc. Physicians can choose not to participate in interviews until speaking to a lawyer.
• Charges Filed: If sufficient evidence of misconduct is found, formal disciplinary charges are filed against the physician.
• Hearing: A hearing is held before a committee to determine guilt or innocence and potential penalties. Physicians have the right to legal representation.
• Appeal: If found guilty, physicians can appeal the decision and penalties to an Administrative Review Board.

Potential Penalties Imposed by the OPMC

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

• License revocation
• License suspension
• Probation
• Reprimand/censure
• Fines up to $10,000 per violation
• Community service
• Mandated education/training
• Limitations on practice

Even a reprimand can limit licensure in other states. The impacts of probation, suspension and revocation are obvious.

How NYC Medical License Defense Lawyers Can Help

The OPMC has broad authority to impose career-ending discipline. Their lawyers and investigators are laser-focused on proving violations.

Experienced medical license defense lawyers level the playing field by:

• Acting as your advisor and legal representative
• Helping you avoid missteps when responding to complaints
• Gathering evidence and witnesses to refute allegations
• Negotiating dismissal of charges or lesser penalties
• Defending your reputation and rights in a hearing
• Handling appeals of guilty verdicts

When your career is at stake, you need an attorney familiar with New York’s disciplinary system who can effectively challenge the OPMC’s accusations.

Questions to Ask When Hiring a NYC License Defense Lawyer

• How many years have you handled NY physician disciplinary cases? Look for 10+ years experience specifically with OPMC cases.
• What is your track record of favorable outcomes in OPMC hearings and settlements?
• Will you personally handle my case or pass it to an associate? You want the most experienced attorney directly managing your defense.
• How responsive will you be to my calls and questions during the process? Look for 24/7 availability.
• What legal fees can I expect? Get quotes upfront.

Conclusion

Being accused of misconduct that threatens your medical license is frightening. Trying to navigate New York’s complex disciplinary process alone can have catastrophic professional consequences.

The best thing you can do is retain an experienced NYC physician license defense attorney immediately. They know how to effectively challenge the OPMC’s accusations against you and build a strong defense on your behalf. This gives you the best chance of preserving your reputation, livelihood and career.