New York Medical License Defense OPMC LAwyers
Legal Counsel for OPMC in New York
The New York State unit that regulates and disciplines licensed physicians practicing in the state is the Office of Professional Medical Conduct (OPMC). The OPMC has the power to investigate and sanction physicians who are proven guilty of professional misconduct. The attorneys at Spodek, PC who specialize in New York OPMC have stood with numerous clients as they faced OPMC complaints and discipline with much success.
What OMPC Investigations: how serious can they be?
For the most part, physicians don’t even know that the OPMC exists, and suddenly they become keenly aware the day they get a letter from an OPMC investigator. The majority of doctors finished med school without ever having been required to study the subject of professional discipline. It’s important for physicians that are the subject of an OPMC investigation to be aware that they could face such repercussions as the loss of their license to practice or severe stipulations. Even if you believe you are guiltless of misconduct, inquiries and ensuing investigation should be considered a high priority from day one. Your best bet is to bring in highly qualified healthcare defense counsel from the very beginning. The fact is that your livelihood and career could be in trouble, and you cannot afford to underestimate the severity of such a circumstance.
How do the Authorities in New York Define Professional Misconduct?
Full coverage of physician professional misconduct statutes is bound to encompass a long list of actions of varying degrees of gravity. These include negligent medical practice, practicing areas of medicine that the physician is unqualified or unauthorized to practice, and practicing medicine under the influence of alcohol or drugs can mean an onslaught of charges of professional misconduct. Indeed, fraud and misrepresentation connected to the medical license of a physician or his or her authorization to practice, false advertising, unscrupulous financial dealings, including unethical fee-splitting and referral arrangements comprise another genre of misconduct complaints. On top of these, the violation of any of the numerous precepts and rules governing public health, proper disclosures, physician advertising, or medical records could be classed as misconduct. Physicians who draw criminal convictions could indeed also be subject to penalties. The attorneys in NY OPMC office can assist.
How Does an OPMC Investigation Work?
Investigations by the OPMC are frequently initiated by a complaint against a physician in which he or she is accused of some form of misconduct that gets filed at its office. Complaints that accuse physicians of financial fraud, alcohol or drug abuse, or sexual impropriety are considered more serious than other infractions. In the course of an investigation, the OPMC has the power to subpoena records, interview potential witnesses, and request an interview with the physician.
Considering whether or not to speak with an investigator is a critical one, bearing in mind that whatever remarks you make during the investigation will be used against you. Indeed, physicians under these circumstances are advised to consult experienced medical license legal counsel quickly first receiving notification of a looming investigation. A skilled attorney can advise you of your rights and obligations in providing information, and review your case to determine the best strategy. Do not respond or offer any records before consulting with legal counsel; added to the possibility of ruining your own case, releasing some types of information may in itself be a violation. Also, you should refrain from speaking with OPMC officials outside of the presence of legal counsel.
If you get a letter from OPMC which asks you for an interview, be clear that this is much more serious than it appears. Your right to representation stands and to also have the right to have a stenographer present. Any and all statements you make can be brought against you not only during the investigation but indeed in ensuing ones and in any criminal prosecutions. Additional charges could be layered on top of the base ones because of statements you give during an interview. First and foremost, this interview is not mandatory. A good attorney can look at all the facts of your case and advise you as to whether or not an interview will be in your best interest. It is never wise to give an interview without legal counsel.
At the end of the investigation, the OPMC investigative committee could choose to close the matter, request further investigation, issue an administrative warning, require a mandatory physical or psychiatric evaluation, or recommend the filing of a formal action. The administrative warning is confidential and is not considered a piece of evidence that a physician was guilty of the misconduct listed in the complaint against him; nevertheless, if ever there are future allegations involving the same category of misconduct, the earlier case could be reopened. The formal action could include a medical license suspension, being required to temporarily surrender the license, or subsequent filing of formal misconduct charges.
If formal charges get filed, your hearing needs to be initiated within 60 days before a panel. In preparation for the hearing, both the physician and OPMC can collect discovery from the other side, including a list of the witnesses, copies of documentary evidence, and details of any physical evidence. Anytime before the hearing, the parties may also decide on a settlement. Talk with your attorney before you agree to any offer, because there are several innocuous-seeming terms that could have serious repercussions. Appeals from the panel’s determination can be made to the Administrative Review Board (ARB) or directly to the Appellate Division; the Appellate Division will also hear an appeal from the ARB’s decision.
Penalties for physicians who are determined to be guilty of the charges against them could include revocation of license, conditional or unconditional suspension of license, partial suspension of license, annulment of license, fines, and mandatory additional training.
Any physician who has to deal with allegations of professional misconduct should get an experienced healthcare attorney as soon as they get notified. Furnishing information or statements to investigators without legal counsel can be very bad for your case and even possibly put your medical license in peril. The medical license defense attorneys at our law firm represent doctors at every stage of the journey. Our familiarity with New York State laws and procedures empowers us to effectively weigh the specific circumstances of your case and come up with the most effective strategy to put up a good defense.
The experienced OPMC lawyers have been working with New York physicians in all kinds of licensing matters including license defense and reinstatement, hospital privileges, professional Boards matters, and more. Feel free to call our office today to consult with an attorney about your matter.
Why is the New York Office of Personnel Management (OPM) facing a class-action lawsuit for accessing the personnel files of approximately 5 million individuals? Is it illegal to access these personnel files for any purpose? There are a few points to consider here.
Does the Public Law Title 5, section 710 specifically state that a person can be held liable for wrongful disclosure of information? Does it state that the Attorney General can sue a contractor for access violations? Is it an offense to view the personnel files of any individual? Does the statute of limitations apply?
As far as I know, none of the above applies to the information that is provided by the government. There have been several lawsuits over the past few years which have been brought by individuals who were not even employees of the government. These lawsuits were brought by individuals who were hired by contractors who were conducting activities on behalf of the government.
The Federal Government as a whole has not been sued for its use of contractors. The OPMC law firm has been involved in the litigation and has been named in a number of lawsuits filed by individuals. In fact, I have not heard of a single instance where the individuals of the government have been sued.
It is important to understand the difference between the OPMC Defense Lawyers and other attorneys representing government employees. The OPMC attorney can represent both government employees and private employees. The Attorneys representing the government as employees can only represent private employees.
As I mentioned, there is a great amount of information that can be accessed by the employee of the government, which is very personal. The information can be used to deny a person’s civil rights and could result in legal ramifications down the road.
Private employees cannot bring a lawsuit against their employer, as their rights would not be protected under the Federal Fair Employment Practices Act. This law was designed to protect the rights of private employees. Some people claim that this Act only protects public employees.
The OPMC lawyers can find a lawsuit involving the personnel records of a private employer or state employee compensation. This means that a person who has an employment contract with a government contractor can sue that company for wrongful conduct. Any employee who has access to the personnel files of a private contractor can be held responsible for committing a violation of federal law.
An attorney like the law firm has the resources to carry out an investigation into any situation involving the access of confidential personnel files. If there is a possibility that a government employee was improperly fired or demoted, the law firm can sue for damages.
Private citizens who are not government employees cannot bring a lawsuit against their employer. No public employee, no matter how well they perform their duties, can bring a lawsuit against their employer.
The OPMC law firm is committed to finding cases where the government employee or contractor has been misused by another individual. The attorneys do not limit themselves to the agencies of the federal government, as the OPMC attorneys are well versed in the laws of both state and local governments. Individuals who use a contractor who has violated the rules of the states they work for can expect to be held accountable.
Please contact a New York OPMC defense lawyer for any of your federal government or employee-related matters. You will not be sorry you decided to take advantage of the services of a law firm that specializes in representing those who do not have the resources to get a suit through the system.
NYC OPMC Defense Attorneys
Functioning as a branch of the New York State Department of Health, OPMC or the Office of Professional Medical Conduct is tasks with investigating complaints related to medical care. The focus here is to look into complaints waged against physicians, physicians assistants, as well as, licensed and unlicensed residents in the medical field. Defense lawyers who specialize in this area are among the 184+K lawyers recognized by the American Bar Association in the state of New York.
We assist our clients in the OPMC area of specialty to not only provide representation but protecting the licensing of those in the medical field. Licenses do not simply equate the academic success of a physician or physician’s assistant. These also are symbols that allow these individuals to hold onto their roles and their salaries. This is why any case related to OPMC must be taken seriously, which is why we apply our experience to assist our clients in dealing with these challenges.
Defense lawyers, sometimes referred to as criminal defense lawyers perform a variety of intricate and complicated tasks as it results in casework. These are experts that may work on cases related to federal crimes or related to state crimes. They also participate in federal investigations when subpoenas and other legal techniques are necessary. The proficiency for these lawyers ranges the gambit and requires exceptional knowledge of the law.
Once a physician is contacted by OPMC and notified about an investigation of their practices, it is a good idea to hire a lawyer. Securing legal representation is important for every step of this process, from speaking with investigators or building a case, if necessary. Investigators have most often already spoken to the patient who has complained. They will want to reach out to the accused, but it is not recommended to do so without a lawyer. We understand these cases and can walk you through the process.
Here are some other important things to consider about OPMC cases:
Experience Matters
Just like finding a lawyer for any other type of legal trouble is important, it is just as important for cases of malpractice. Any physician in this situation should first of all look for someone who is experienced with these cases in New York. The Balance Careers points out that these defense lawyers need to have an array of skills and experience to properly represent clients.
We showcase our skills and experience in the areas of investigating the facts, interviewing witnesses, and researching case law. Each OPMC case is different as it relates to the patient, their condition, and the type of treatment they received. As defense attorneys, it is our responsibility to build a defense and to develop an effective case strategy, based upon the circumstances.
Confirm Malpractice Coverage
Those who work in certain roles in the medical field are familiar with having malpractice insurance. It is very important that a client confirms what their coverage is so that they can get the legal protection that they need. This can be done usually by contacting your malpractice representative to verify what the coverage is and its details.
These policies are designed to accommodate the representation of physicians and other medical professionals against claims. Policies of this type are also referred to as medical professional liability insurance that can be used when a patient alleges negligent acts that cause some sort of injury. Many who have not had to use this before are not sure what is covered.
We encourage our clients to familiarize themselves with this, as soon as, possible. If it turns out that these cases are not closed after the OPMC investigation, there will be a need for defense procedures. Once we are contacted by the prosecuting attorney about the findings, pending allegations, and disciplinary actions, another level of work begins.
Surrender of licenses, suspension of licenses, and even probation can lead to lucrative losses, which is why we prepare to represent our clients in advance of investigation findings. Our goal is to help our clients get back to their normal lives by getting favorable results for them in these cases. We know that these are daunting situations, but will work for you and your professional life.