24/7 call for a free consultation 212-300-5196




When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

New York OPD Lawyers – NY Nursing License Defense Lawyers

Legal Counsel For New York Nurses

If you are a nurse in New York or New Jersey who urgently needs advise from legal counsel regarding your job or nursing license, we can provide you the counsel you need. Our nursing law team has represented the nursing community of New York and New Jersey years in many cases from professional licensing and hospital investigations to criminal defense.

The veritable backbone of medical practice is indeed nursing. Nurses are some of the most consistent and diligent healthcare professionals. Regrettably, they can concurrently be taken for granted, overworked, and the most susceptible to malpractice accusations. Nurses put in hard work to win their credentials and then once they graduate, they toil even more arduously for their employers. Ostensibly tiny missteps and, sometimes, other causes may totally ruin a nurse’s hard earned career. If you think you would be well served by qualified legal counsel, call our office and schedule a consultation today.

Situations we can handle for you

  • You were notified of suspension pursuant to allegations of wrongdoing
  • You were told to attend to a meeting with your supervisors or human resources/personnel after a suspension or receiving a written reprimand
  • You have been through an investigation by the New York Office of Professional Discipline or the New Jersey Board of Nursing
  • An Investigator from the Office Medicaid Fraud Control Unit contacted you
  • You were arrested for a criminal offense
  • Your application for a nursing license is on hold or under review
  • You were denied access to Medicaid by the Office of Medicaid Inspector General
  • You received a directive to be a participant in the RAMP program and think this is not necessary.

If any of these describes your present circumstances, you have good reason to want to talk to a well versed lawyer who has helped numerous nurses in your shoes. Our experienced attorneys Joseph Potashnik and Associates have triumphantly defended hundreds of nurses with myriad legal calamities.

How Nurses Come Under Professional Discipline

On account of the fact that nurses are licensed professionals, the nursing profession, similarly to other health care disciplines, is closely regulated by state boards. The Office of Professional Discipline oversees nurses in New York and in New Jersey they are under the purview of the State Board of Nursing. The laws of each of these states define myriad types of professional misconduct. The New York list points to around forty different conceivable violations that can lead to a nurse being disciplined. If a nurse is determined to be guilty of one of these violations, he or she could get hit with sanctions and penalties that can vary in severity from fines and administrative warnings to repercussions as heavy as license suspension and revocation.

The most frequent accusations a nurse can suffer in professional misconduct a nurse are:

  1. Negligence or incompetence
  2. Practice outside the scope of profession
  3. Negligence in record-keeping
  4. Controlled substance abuse
  5. Diversion of controlled substances (yes, this is a big one)
  6. Fraud
  7. Conviction of a crime

Worksite and Other Employer-Based Situations

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

The majority of disciplinary difficulties nurses face begin at work. It is exceedingly stressful being a floor nurse at a hospital or nursing facility on a regular day. Many of our clients endure much stress on the job, where   understaffed and inherently unhealthy conditions are the unfortunate norm. Sadly, mishaps by nurses occur on a regular basis and are mostly connected to the keeping of records. True or fabricated mistakes frequently turn out in a report by a facetious co-worker or retribution by a supervisor, and this can launch an unfortunate series of events. Oftentimes, a nurse gets targeted for breaching their employer’s internal rules regardless of the fact that such regulations can be unclear or even non-existent, and irrespective of the truth that other coworkers including fellow nurses and physicians can get away with worse violations. To assert the idea that a majority of the nurses accused of negligent conduct at work are falsely or capriciously accused would be misleading, nonetheless we agree that numbers are greater than the real stories would reveal.

Have you been suspended from your job or accused of a transgression and had to attend a meeting with your supervisor, hospital administration, or the HR/personnel department, be vigilant. We have seen employers use this method often to extract statements from you that they can subsequently rear their heads at you in the establishment’s ultimate decision to fire you and report you to the Board of Nursing or the Office of Professional Discipline. You do have the right to bring your union representative to this meeting to support you, but a union representative is not an attorney and cannot offer you with sound legal counsel. It is our recommendation that you check in with your attorney, one that has a proven track record in nursing malpractice matters, before attending a meeting. This may read like an easily resolved internal employment situation but more frequently it ends up being a much more serious matter – it could be a big legal problem that calls for skilled legal representation.

Office of Professional Discipline/Board of Nursing Specialists

A great deal of our work in the representation nurses in  New York and New Jersey takes place before the Office of Professional Discipline (OPD) and the Board of Nursing. Each year, complaints numbering in the thousands are filed against nurses and trigger investigations by the licensing boards. As is the usual procedure, the OPD puts an investigator on each case. The investigator then begins to probe into the complaint, which can happen over the space of a few months or, in some cases, longer than a year.  They are seeking to determine whether there are solid grounds on which to bring formal charges against that nurse. In the early stages of the investigation, a letter is sent in which the investigator asks to schedule a time to interview you. Your response to this marks a crucial moment in your case. Stop! Don’t agree to the interview! First, you should vet, select and meet with a good nurse attorney. If you do agree to get interviewed, you run the risk of making poorly selected statements and admissions that could ultimately threaten your nursing license. It is not mandatory to talk with the investigator. We can come to your aid and assist you through this process and protect your rights.

In the event that the investigator discovers enough evidence to file charges against you, your case moves into the hands of a prosecuting attorney. Next, your case undergoes a complex negotiation process.  Indeed, it can reach as far as a disciplinary hearing. The nursing license lawyers at our firm have represented nurses throughout all genres of disciplinary cases and we stood by our clients through every step, from the beginning of the investigation to the hearing. Give us a call today to see how we can assist you.

Office of Medicaid Fraud Control Unit Nurse Attorneys

There is a New York Office of Medicaid Fraud Control Unit (MFCU) that is part of the Attorney General’s Office. There are also several regional offices operating around the state (3 offices in the NYC Metropolitan Area).  The MFCU investigates and prosecutes circumstances of Medicaid fraud and patient abuse. A nurse can come onto the unit’s radar in several situations. One is when a visiting nurse is accused of billing for services which they did not provide. This can happen when a nurse untruthfully documents a patient  visit on specified dates and the rendering of specified services. Alternatively if a nurse in an adult care facility is accused of being a part of a larger scheme to defraud Medicaid, he or she can be the subject of an investigation by this unit. Another cause can be an occurance in a nursing home or other similar facility where a nurse may be accused of some type of patient abuse.

Being investigated by the Medicaid Fraud Control Unit is serious business. A case like this can end up in your arrest and criminal prosecution. In the event that an investigator from the MFCU contacts you, refrain from discussing anything with them. Get in touch with an attorney at our office right away to make sure that your rights are protected.

General Exclusions of Nurses by the Office of Medicaid Inspector 

Numerous nurses who ended up being excluded from Medicaid in New York by the Office of Medicaid Inspector General (OMIG) have come to us for help. This OMIG is a government authority that commands and controls the administration of the New York’s Medicaid Program. They are charged with the power to exclude any healthcare professional from access to the Medicaid program for a range of reasons. The circumstances under which the OMIG could decide to exclude a nurse from the New York Medicaid Program as follows:

  • An arrest and charge of a healthcare related crime (even though you have not yet been convicted. Unfortunately, the OMIG see you as guilty before you were actually proven guilty through due process)
  • A guilty ruling in a case of professional misconduct connected to or affecting the Medicaid program, such as fraud

An exclusion from Medicaid can be the end of your nursing career since it will make it impossible for you to get work at any healthcare facility that provides services covered by Medicaid – and that means most potential worksites. If a Notice of Intended Agency Action from the Office of Medicaid Inspector General arrives at your doorstep, don’t delay in contacting our offices. Your window of time to respond to a notice is tight and if you don’t get your response to them within the allotted time limits, you are effectively forfeiting your rights to any appeals.

Top New York Nursing Attorney

Our history of nursing representation and defense is long, with hundreds of nurses served through a multitude of circumstances. Enlist our experts to go to battle for you. We are easy to reach right in lower Manhattan and we represent nurses from New York City, Long Island, upstate New York and even New Jersey.


Schedule Your Consultation Now