Medical professionals have an important obligation to provide the best care possible for many people. However, they are only human and are subject to human error. When a medical professional acts negligently or makes a mistake on the job, they may be investigated by the Office of Professional Medical Conduct (OPMC) for violating that standard of care they are required to uphold. This may result in consequences such as a license suspension or revocation. This can detrimentally impact a career, which is a professional may wish to appeal their case if they believe the investigation was faulty or the wrong decision was reached.
What is the OPMC?
The Office of Professional Medical Conduct (OPMC) is a board of medical professionals that oversees physicians to ensure they are practicing medicine ethically. They are required to make sure professionals are meeting the standards of the Board and do not participate in misconduct. This may include activities such as billing or insurance fraud, substance abuse issues, sexual misconduct, and more.
When a healthcare professional is accused of misconduct, the OPMC will conduct an investigation into the professional’s practice, calling it into question. During this investigation, the OPMC may conduct a series of interviews to come to conclusions about the misconduct that may have taken place. This is to ensure the professional is doing their job correctly and determine if they should keep their status as a practicing medical professional.
When an investigation is completed, the OPMC assesses the situation at hand and comes to a decision regarding the professional’s status to continue practicing medicine. It is important to know that once the OPMC comes to a decision, it is possible for a medical professional to appeal the decision that is reached.
Appealing an OPMC Decision
Choosing to appeal a decision made by the OPMC is not easy. To do so, a medical professional is required to follow certain steps to go through the correct process. The first step is to file an appeal with the Board. When the Board receives the appeal, they will conduct the appeal hearing. Once this is done, they are required to come to an agreement on their final ruling within 45 days of the date in which the individual filed the appeal.
During this process, it is very important to know that the director of the OPMC has the right to appeal the Board’s decision as well. This means that if the Board allows a healthcare professional to walk away from an investigation without receiving any consequences, the director can disagree with this decision and file an appeal of their own.
Contact our Firm
If you or someone you know received a letter from the OPMC and seeks the help of an experienced medical defense attorney, contact Walker Medical Law today.
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contactthe Walker Medical Law firm to set up a free initial consultation.
