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Physical Therapist License Defense Lawyers

Attorneys Represent New York Physical Therapists

Are a New York licensed physical therapist slapped with disciplinary and criminal charges or under government investigation? If so, we are here to assist you! New York attorneys with Spodek Law Group have numerous years of success representing physical therapists in nearly every spectrum of legal trouble from insurance audits to the Office of Professional Discipline and State Board of Physical Therapy investigations to federal criminal matters. Let’s talk about the most frequent legal dilemmas encountered by New York physical therapists and how we can assist.

New York Physical Therapy License Defense

Among the most common problems faced by physical therapists is being charged with allegations of professional misconduct. Physical therapists in New York are under the auspices of the State Board of Physical Therapy. In the event that a complaint gets filed against the licensee, the State Education Department Office of Professional Discipline (OPD) in conjunction with the State Board of Physical Therapy will launch an investigation.

At the outset, let’s have a look at what is classified as professional misconduct in New York. The list of all the varieties of professional misconduct is held by  state Education Law and is rather long. The most common and generic allegations of misconduct against physical therapists in New York that we have seen in our years of practicing include these:

  • Having any kind of criminal conviction in any jurisdiction, even those outside of New York.
  • Any professional discipline by another state
  • General Negligence
  • Poor record keeping practices
  • Fraudulent practice. This includes allegations of insurance and medicaid fraudulent billing
  • Overstepping of boundaries, which encompasses not only sexual contact with patients but additionally any inappropriate relationship which would go outside the scope of the professional relationship.

As far as allegations of negligence are concerned, there are multiple different situations that can be the basis for discipline. For instance, we have encountered numerous examples of the following:

  • Failure to perform a complete evaluation of a patient
  • Failure to provide proper supervision of a patient during aqua therapy
  • Delegating treatment procedures to unlicensed staff members
  • Employing incorrect modalities or causing additional harm to patients

The lion’s share of disciplinary complaints that come in against physical therapists originate from patients but several have originated from insurance companies, Medicaid, other states’ boards and law enforcement.

At the beginning of an investigation, the physical therapist will be notified by the Office of Professional Discipline by a letter. The OPD almost always demands patient records and requests that the physical therapist come in to be interviewed by an OPD investigator.  A word to the wise here: anytime you are dealing with a disciplinary investigation in New York, you are required to cooperate with the investigators by furnishing the relevant patient records and any other documents to them that they request. Nonetheless, you are under no obligation to honor an interview request with them. In actuality, we always suggest that you talk to a qualified defense attorney before giving any statements to the investigators. What most professionals don’t understand is that the investigator’s sole responsibility is to mount a solid evidentiary case against the target licensee and they accomplish this by collecting evidence. Any statement you give them can be employed as evidence and will be used against you. While certain cases are indeed defensible and no harm will befall the physical therapist by interviewing with the investigator, in most circumstances, this is not the case.  It is always best to obtain legal counsel when you are faced with legal problems.

At the conclusion of the investigation, the file goes to the investigative committee whose job it is to recommend filing charges against the physical therapist or to simply dismiss the case. If there is sufficient evidence that the licensee has committed professional misconduct, the committee will recommend that charges are brought against the licensee and they also propose a suitable penalty.

Penalties in PT professional misconduct cases can range from monetary fines and probation to license suspension to as far as license revocation. The physical therapy defense attorneys on our team can be of service to you every step of the way either by fighting to get your charges dismissed or by negotiating an reasonable settlement with the state in order to resolve the case. If need be, we defend our client throughout the process all the way to a full hearing before the board.

When selecting a law firm to represent you before the board and the OPD, you should be very aware that this is a highly specialized field and most other lawyers are inexperienced in handling PT disciplinary cases. Always examine a lawyer’s credentials first and beware of claims made on attorney websites or hiring a lawyer based on such statements. Also, you should be wary if an attorney suggests that they accompany you to an OPD interview. If you the answers you give to investigator’s questions turn out to be ruinous to your case, it makes no difference if your lawyer is positioned right next to you. We are waiting for your at our office to set up your consultation to discuss your case directly with Spodek Law Group before you make your choice.

Criminal Defense of New York Physical Therapists

Another serious problem faced by New York physical therapists is criminal prosecution. Most criminal cases against New York physical therapists encompass the following:

We have built experience defending physical therapists in state and federal courts for more than ten years at all stages of the criminal process from the initial investigation to trials. If you are up against criminal charges, give us a call today to talk about your case. Again, we strongly discourage you from discussing anything with law enforcement officials as you may be seriously harming your chances of a successful result.

If you are a physical therapist requiring the best legal counsel in New York, reach out to our office today to set up an immediate consultation.

Physical Therapist License Defense Lawyers

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Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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