new york medical license defense lawyers

As a doctor, you have spent countless hours attending medical school and surviving your internships. Your work is a source of great pride and is essential to providing for yourself and your family. For these reasons, it is especially painful to have your professional integrity under scrutiny. If you are a New York doctor and are facing possible investigation for medical misconduct or criminal charges, you may benefit from speaking with a lawyer about your case. An experienced medical license defense lawyer can help you during the investigation process and beyond.

What Is Medical Misconduct?

While there are many different situations in which doctors may be called into question, some of the most common offenses that are considered medical misconduct in New York are:

• Incompetence
• Negligence
• Theft
• Abuse Of Prescription Drugs
• Obtaining A Medical License Through Deception Or Fraud
• Alcohol Abuse
• Continuing To Practice With A Suspended Or Revoked Medical License
• Providing Unauthorized Services
• Sexual Abuse Of Patients
• Failure To Maintain The Appropriate Standard Of Care
• Failing To Supervise Employees
• Incorrect Or Incomplete Patient Documentation
• Violating HIPPA Laws

Doctors who are arrested and charged with a crime may also be subject to review from the New York Medical Licensing Board. The Department Of Justice is required by law to inform the Board of any arrests, even if they do not occur while you are on duty. Some examples of crimes that may put your medical license in danger are driving under the influence, domestic battery, fraud or drug possession.

new york medical license defense lawyers

Penalties For Medical Misconduct

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You are a surgeon in New York who just received a notice from the Office of Professional Medical Conduct stating that a formal hearing has been scheduled to review allegations of negligence stemming from a surgical complication. Your hospital has already suspended your privileges pending the outcome, and you are terrified that you could permanently lose the medical license you worked over a decade to earn.

What can I do to protect my medical license and defend myself against these misconduct allegations before the hearing?

Attorney's Answer

Under New York Education Law Section 6530, professional misconduct encompasses a wide range of conduct, but you have the right to a full administrative hearing before a panel of the Board for Professional Medical Conduct where you can present evidence and cross-examine witnesses. We would immediately request all investigative records from OPMC, retain expert medical witnesses to challenge the negligence claims, and prepare a defense demonstrating your adherence to accepted standards of care. If the hospital's suspension of privileges was done without proper due process under Public Health Law Section 2801-b, we can challenge that action as well. Time is critical in these proceedings, so retaining experienced medical license defense counsel now gives us the best chance of preserving your career and reputation.

This is general information only. Contact us for advice specific to your situation.

Doctors who face disciplinary action by the Board may receive penalties such as:

• Administrative Fines
• Probation
• Continuing Education Classes
• Regular Monitoring
• dea Restrictions
• License Suspension
• Revocation Of Medical License