Can a Medical Misconduct Finding Lead to Wage Garnishment?

If a plaintiff is successful in their medical malpractice lawsuit against you, the New York civil court may punish you in many ways. One way may be through ordering your employer to garnish your wages, in an effort to compensate the plaintiff. However, you may lose your job as a result of this legal action, and then you may wonder what happens to this wage garnishment order. With that being said, please follow along to find out whether receiving a guilty verdict for medical misconduct will result in wage garnishment and how one of the proficient New York physician defense lawyers at Walker Medical Law can fight to protect your income during this financially straining time.

Can a medical misconduct guilty verdict lead to wage garnishment?

You must understand that you may be up against two separate legal processes at this time. For one, an alleged victim may file a medical malpractice lawsuit with the New York State civil court. Then, upon getting word of this allegation, the Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) may subject you to administrative proceedings for your supposed professional medical misconduct.

With that being said, a civil court may issue a money judgment for malpractice damages, restitution to victims, and more, if it rules that you are at fault for medical malpractice. These court-ordered damages may be collected through wage garnishment or even liens against your other property. Under New York Civil Practice Law and Rules, up to 10 percent of your gross wages or 25 percent of your disposable income may be garnished, whichever is less.

This is to say that the OPMC or OPD itself cannot order wage garnishment after it finds you guilty of medical misconduct. This is because the Board is tasked with disciplining you rather than ensuring your debts are collected. Of note, this guilty finding may affect your ongoing civil proceedings, making it more likely that your case will result in a garnishment order if damages are awarded.

What happens to wage garnishment if I lose my medical license?

First of all, the OPMC or OPD cannot suspend or revoke your medical license solely for unpaid damages that prompt a wage garnishment order. However, in a general sense, repeated noncompliance with court orders like this may reflect unprofessional conduct in the eyes of the Board, and they may reassess the punishments they choose to inflict on you.

In another scenario, the OPMC or OPD may have already ordered your medical license’s suspension or revocation. In turn, you may no longer have employment, and thereby no longer have wages or income to be collected. Well, this garnishment may pause automatically, but this does not mean the underlying debt will disappear. Rather, a creditor may resume garnishment through other means, such as bank levies, property liens, or seizure of non-exempt assets.

If you are still hesitant about taking the monumental step of defending against medical misconduct accusations, consult with one of the talented New York physician defense lawyers from Walker Medical Law to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.