New York OPD Lawyers

In today’s highly-regulated world of healthcare, one of the biggest concerns of healthcare professionals involves allegations of misconduct. Unfortunately, almost all physicians and other healthcare providers will at some point face allegations of misconduct. While it may seem as if these allegations are nothing to worry about, the fact is they can ruin a promising career. When accusations are made, the Office of Professional Discipline will investigate all aspects of the issue, no matter who made the allegations. When these situations develop, it’s important for a healthcare provider to have appropriate legal representation. By having an attorney who is knowledgeable and experienced in these complex legal matters, it’s possible to navigate these circumstances and come out with a career still intact.

Investigative Process

When allegations of misconduct are made against a licensed professional, the OPD will conduct an intensive investigation into the matter. During this process, it’s crucial to have an attorney who can provide legal guidance along the way. In many of these investigations, healthcare providers often make the mistake of speaking with investigators without benefit of legal representation. When this happens, one wrong statement can greatly decrease the chances of having a favorable outcome. Rather than let this happen, it’s possible to let an attorney provide expert guidance that will keep mistakes from being made during the interview process.

NY OPD Defense Lawyers

Formal Review Process

While in many cases an OPD investigator will determine there is no merit to the allegations, in other situations they decide there is enough evidence to warrant a formal review process. When this happens, the stakes become much higher. Even if the healthcare provider knows they did nothing wrong, the investigation by the OPD may nevertheless go against them. This is why it is so important to retain legal counsel who understands the review process and how to handle it each step of the way. In these instances, a New York OPD Lawyer can examine the allegations, interview witnesses, and develop a strategy aimed at proving all allegations are false. By making sure experienced and knowledgeable legal counsel is used during this process, the case may be dismissed due to lack of evidence or in other cases have the potential penalties reduced as low as possible.

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.

NY Bar Admitted Multi-State Licensed Federal Courts

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Legal Scenario: What Would You Do?

Scenario

You are a physician practicing in New York who just received a notice from the Office of Professional Discipline stating that a formal complaint has been filed against you for alleged negligence during a surgical procedure. The OPD investigator has requested your patient records and wants to schedule an interview within the next two weeks.

Should I cooperate with the OPD investigation on my own, or do I need a lawyer before responding to their requests?

Attorney's Answer

You should retain an experienced OPD defense attorney immediately and avoid speaking with investigators or submitting any documents without legal counsel present. Under New York Education Law Section 6530, professional misconduct charges can result in license suspension, revocation, or permanent surrender of your medical credentials. An attorney can help you prepare a strategic response to the complaint, protect your rights during the interview process, and negotiate with the Bureau of Professional Medical Conduct on your behalf. Many physicians make the mistake of thinking cooperation alone will resolve the matter, but without proper representation, even innocent statements can be used to support disciplinary action against your license.

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

What Defines Misconduct?