(Last Updated On: October 15, 2023)Last Updated on: 15th October 2023, 01:55 pm
NYC OPMC Defense Lawyers: Your Guide to Medical License Protection
Doctors in New York face immense pressure – long hours, difficult cases, constantly evolving treatments. But even the most dedicated physicians can find themselves facing an OPMC investigation that threatens their career.
As a doctor myself, I know how scary and confusing this can be. That’s why I wanted to write this guide – to help New York doctors understand what an OPMC investigation involves, your rights and responsibilities, potential consequences, and most importantly, how an experienced OPMC defense lawyer can help protect your reputation, livelihood and medical license.
Typical Triggers for an OPMC Investigation
The OPMC receives complaints from a variety of sources – patients, colleagues, hospitals, insurers, even anonymous sources. Some common triggers for investigations include:
- Patient complaints about quality of care
- Adverse events, medical errors or poor outcomes
- Billing disputes with insurers
- Conviction of a crime
- Action against your license in another state
- Reports of substance abuse
Any complaint sets an investigation in motion, even if it seems minor, frivolous or unjustified to you. The OPMC is required by law to look into every complaint it receives.
The Investigation Process
Here are some key things to know about how an OPMC investigation unfolds:
- You will receive a letter informing you of the complaint/allegation and requesting patient records. You must comply with records requests or face charges of non-cooperation.
- The OPMC will likely request an interview with you to obtain your side of the story. You have the right to decline this voluntary interview until you have legal counsel.
- An investigator, often a nurse or former law enforcement officer, is assigned to gather evidence related to the complaint. This may include interviewing the complainant, witnesses, hospital staff, reviewing documentation and expert opinions.
- The OPMC shares its findings with its Investigation Committee – 2 physicians and 1 layperson. This committee decides if there is enough evidence to formally charge you with professional misconduct.
- If charged, your case is handed to the OPMC’s legal team who will prosecute the case against you at a disciplinary hearing.
Potential Penalties If Found Guilty
The OPMC has broad authority to impose severe penalties if you are found guilty of professional misconduct, including:
- Revocation of your medical license
- Suspension of your license for a term or indefinitely
- Probation with monitoring and restrictions on your practice
- Censure/reprimand on your permanent record
- Fines up to $10,000 per violation
They may also force you to pay for transcripts of hearings, take remedial training, perform community service and more. The impacts can be career ending.
Why You Need an Experienced OPMC Defense Attorney
Navigating an OPMC investigation is complex and terrifying if you go it alone. That’s why having an experienced OPMC defense lawyer is critical. Here’s how the right attorney levels the playing field:
- They know how to get charges dismissed or reduced. Seasoned lawyers understand how to challenge flawed evidence and highlight mitigating factors to weaken or defeat charges.
- They prevent missteps. Simple mistakes can exacerbate your situation when testifying or communicating with the OPMC. Your lawyer ensures you don’t jeopardize your case.
- They negotiate favorable settlements. An experienced attorney can often negotiate a fair settlement that avoids severe penalties like losing your license.
- They fight for your interests. The OPMC’s mission is to build a case against you. Your lawyer is laser focused on protecting your livelihood and reputation.
- They understand medical issues. Lawyers with experience in OPMC cases understand complex health care delivery, terminology and standards. This enables them to construct strong defense arguments.
If your career is on the line, don’t take chances with underqualified counsel. Contact an experienced OPMC defense attorney immediately so you have an expert fighter in your corner.
Questions to Ask When Choosing an OPMC Defense Lawyer
Not all lawyers have the skills and track record to handle OPMC investigations effectively. During consultations, make sure to ask:
- How many OPMC cases have you handled, and what were the outcomes? Look for at least 50+ cases with a high dismissal rate.
- Are you intimately familiar with OPMC rules, procedures and tactics? They should be able to explain the process in detail.
- Will you personally handle my case or pass it to an associate? Opt for an attorney who will manage your case directly.
- How often do your OPMC cases reach a hearing vs. getting resolved favorably beforehand? You want someone who’ll fight to avoid a hearing if possible.
- Can you provide references from past physician clients I can speak to? Talking to past clients can give you a sense of their skills.
Don’t Delay – Consult an Attorney Now
Being targeted by the OPMC can jeopardize everything you’ve worked for as a doctor. I hope this guide helped you understand what to expect from an investigation and why having the right lawyer is non-negotiable.
Don’t go it alone and risk your career. Call an experienced OPMC defense attorney for a consultation immediately. With an expert lawyer guiding you, you have the best chance of resolving the case favorably and preserving your medical license. Most offer free case evaluations, so there’s no reason to delay protecting yourself.