A medical misconduct complaint filed with the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) may be referred all the way up to their Board for Professional Medical Conduct. This Board’s hearing committee, which is comprised of two physicians and one layperson, may ultimately make a finding of guilt against you. Subsequently, they may impose a penalty against you that they deem most appropriate, whether it be a medical license revocation, monetary fine, community service hours, education or retraining courses, or otherwise. Well, in short, you should not take these harsh consequences if you do not believe you deserve them. That is, please read on to discover whether you can appeal the OPMC’s guilty verdict against you and how one of the seasoned New York physician defense lawyers at Walker Medical Law can step in to represent you in the matter.
Am I authorized to appeal the OPMC’s guilty verdict against me?
The short answer is, yes, you may be allowed to appeal the guilty verdict that the OPMC’s hearing committee orders you to. Specifically, you must file your appeal with the Administrative Review Board, which is similarly composed of three physicians and two laypersons, all of whom are different individuals from the ones who came up with the initial decision. Also, importantly, you may only have a limited time to take this action, so you must get started sooner rather than later.
The Administrative Review Board may inform you of their decision within 45 days of your appeal filing date, which should supersede the hearing committee’s ruling. But in an unfortunate scenario where the Administrative Review Board also rules you guilty, you may submit an Article 78 action in the Appellate Division of the New York State Supreme Court. However, be sure that you have exhausted all available administrative remedies before you appeal your case to the courts. It is best if you have strong legal representation from the jump so you do not have to take it to this point.
Can someone else appeal the OPMC’s decision about me?
In another scenario, you may have gotten a positive outcome from your initial OPMC hearing. Although you must prepare for the unfortunate possibility that the OPMC director will exercise their right to appeal the decision to the Administrative Review Board. They may make the effort to do so if they believe the findings from the investigation and hearing against you serve as enough grounds to impose consequences. If you must unwillingly enter appeal proceedings, you must similarly prepare a strong case for yourself. That is, adequate evidence and arguments that support the hearing committee’s initial decision as fair and just.
Before this gets too much, please seek the guidance and counsel of one of the competent New York physician defense lawyers from Walker Medical Law. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.
