It is never a good position to have to contest or appeal a protective order placed against you. But this may be worse if this court order follows you into your professional life as a practicing physician in New York State. That is, if one of your patients initiated it. With that being said, please read on to discover what to do if a patient files a protective order against you and how one of the seasoned New York physician defense lawyers at Walker Medical Law can help protect you from its potential collateral damages.

When can a patient file a protective order against me?

A patient may file a restraining order against you if they believe that you exhibited a legitimate threat of harm, harassment, or stalking while providing care. With this threat, a patient must have felt they were in immediate danger. Here, the court may grant them this protective order if they can provide sufficient evidence of any of the following incidents:

  • A patient may claim that you used excessive, aggressive restraint that caused them physical injury.
  • A patient may claim that you forced a medical device into their uterus without their explicit consent.
  • A patient may claim that you made unwanted physical contact or sexual remarks about their body.
  • A patient may claim you contacted or saw them outside of their appointments against their wishes.

How can a protective order affect my medical license?

A protective order may affect your professional life even if it comes from your personal life (i.e., your domestic partner files against you). But most definitely if you are restrained from contacting or being in the same vicinity as one of your patients.

For one, you may have to change your daily routine and work schedule to avoid running into a patient who continues to receive healthcare services from the facility where you are employed. This is because even if you accidentally encounter this patient, you may be charged with a crime, associated with fines, jail time, and/or probation.

But also, even without a violation and criminal conviction, the protective order itself may grab the unwanted attention of the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD). This is because, as a physician, you must maintain public trust. And if a court believes you made a patient a victim of harm, harassment, or stalking, you may inevitably lose this trust entirely.

And so, the OPMC or OPD may feel inclined to run an investigation against you. In a worst-case scenario, the Board may rule to revoke your medical license. At the very least, they may second-guess whether they approve of any new professional license you apply for in the future. And with this possibly being made public record, your professional reputation may be forever tarnished among your patients, colleagues, and prospective employers.

To ensure your legal argument is well fleshed out, please seek the aid of one of the competent New York physician defense lawyers. You may rest better knowing that the team at Walker Medical Law will not let you enter this legal process without being properly prepared. So please pick up the phone and request our services today.