Can a Physician Lose Their Medical License Due to Misconduct?

When a medical professional does not uphold the proper standard of care when they treat patients, they can be accused of medical misconduct. Various forms of misconduct can include substance abuse, billing fraud, insurance fraud, sexual misconduct, and much more. If they are found guilty, the professional can face a variety of consequences. Due to the fact that a medical license is earned and not a given right, it can be taken away. Continue reading below to learn more and contact an experienced New York medical defense attorney if you are facing this situation.

What are the Consequences of Misconduct?

There are a variety of consequences that a medical professional can face if they are found guilty of misconduct. This can vary depending on the severity of the act they committed. If the individual is believed to be able to rehabilitate themselves, they can face certain license suspensions. This may be a total suspension, partial suspension, or even just a license limitation. A limitation allows them to continue practicing medicine only in a specified area. 

On the other hand, if they are believed to not be able to rehabilitate themselves, the professional may not be trusted to practice medicine again. This may lead to them having their license revoked entirely. While this is true, it is important to know that a license can be restored in some cases.

How Do I Apply for Restoration?

When looking to have your medical license restored, it is important to know that it is not an easy task. It also cannot be restored immediately. Medical professionals may have to wait years before they can even apply for restoration. Three years after its revocation, they are eligible to submit an application to the Board of Regents for restoration. They must also send a $750 check to the State Education Department. It is crucial that this application reflects the individual’s remorse for their actions in addition to how they have rehabilitated themselves and how they plan to reeducate themselves on recent medical developments. 

When an application is reviewed, a restoration hearing may be scheduled. During this time, the medical professional will be asked a variety of questions regarding the misconduct as well as why they believe they should be allowed to practice again. While it is important to prepare for these interviews, they should also be genuine. If the court does not believe you, your application may end up being denied. When the hearing is over, the Board will review the evidence and make a recommendation to the Committee on the Professions. A decision can then be made and sent to the medical professional.

Contact our Firm

If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.