Doctor License (Medical License) Defense Lawyer in New York, NY

A doctor license (medical license) defense lawyer can represent you in an investigation, to minimize the chance and mitigate the extent of suspension or revocation of your medical license. When you are subject of an investigation that could jeopardize your source of livelihood, it is important to be represented by a doctor license defense lawyer, even if you are innocent, to minimize any risk that your medical license will be suspended or revoked. You can review your medical malpractice insurance policy to see whether some legal fees are covered by your insurance company.

The Office of Professional Medical Conduct (OPMC)

In New York, the Office of Professional Medical Conduct is an agency under the New York Department of Health that investigates and prosecutes complaints of professional misconduct of doctors, physician assistants, and specialist assistants.

Any person can file a complaint with the OPMC, but majority of the complaints are filed by patients or patients’ family members who have suffered damage from the doctor’s professional misconduct.

The OPMC can direct you to submit documents and has the power to

Grounds for Disciplinary Action

There is a wide range of actions that the OPMC regards as professional misconduct. However, most disciplinary cases against doctors involve:

The OPMC Investigation

The Complaint

The OPMC investigation begins with the filing of a complaint against the doctor. The doctor then receives a letter from the OPMC investigator, informing him of the complaint. The letter will request the doctor to respond to the complaint and submit relevant documents. The OPMC investigator may also interview past and present patients, employers, and employees. For this reason, being assisted by an experienced doctor license (medical license) defense lawyer during the investigation process is crucial.

The OPMC Committee

If the investigator finds evidence constituting professional misconduct, it will submit these documents to the OPMC committee, composed of two physicians and a layperson. The committee will review the investigator’s findings and may recommend either a further investigation, the filing of misconduct charges, an administrative warning, or dismissal.

If the committee recommends the filing of misconduct charges, the case is then referred for disciplinary hearing.

The Disciplinary Hearing

When charges are filed against the doctor, a disciplinary hearing will be scheduled before a hearing panel. The hearing panel is a three-person panel, comprised of two physicians and a layperson. They are, however, different persons from the first committee that reviewed the investigator’s findings.

During the disciplinary hearing, both the complainant and the doctor can testify and present evidence. They can also settle before a decision is made by the hearing panel.

This hearing panel makes a decision on whether the complaint is denied or a penalty should be imposed upon the doctor. Penalties can range from administrative warning, probation, censure and reprimand, fine, community service, suspension or revocation.

The decision of the hearing panel can be appealed to the Administrative Review Board.

Settlement

Although a doctor license (medical license) defense lawyer can represent you in all stages of the investigation, most attorneys would recommend the settlement of the complaint to minimize any risk that your medical license would be suspended or revoked. Not only does settlement minimize such risk, it will also save you on legal fees that can be incurred in further stages of the investigation.

Complaints that can result to the suspension or revocation of your medical license must be taken seriously. It is important to equip yourself with an experienced doctor license (medical license defense) lawyer who can adequately represent your interests before the OPMC. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].