Reviewed by Paul E. Walker

Key Takeaways

  • A malpractice suit cannot take your license, but OPMC can investigate the same facts.
  • Penalties range from limitations and suspensions to revocation.
  • A revoked license can be restored after three years, though it is difficult.

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.

Under Public Health Law § 230-a, a suspension may last until the physician completes retraining or treatment. Additionally, penalties may include fines of up to $10,000 per charge and up to 500 hours of public service. Please review our blog on OPMC penalties for the full range.

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.

Malpractice vs. Misconduct: When a Lawsuit Threatens Your License

A malpractice lawsuit and misconduct case are separate proceedings. A civil jury may award damages, but does not have any power over your medical license. Malpractice claims are handled through the courts and insurers according to the State Education Department, while disciplinary actions run through the OPMC.

However, the two may still connect. The same care that prompts a lawsuit may also be misconduct under Education Law § 6530 if it amounts to:

  • Negligence on more than one occasion
  • Gross negligence on a single occasion
  • Incompetence on more than one occasion, or gross incompetence

This means OPMC may investigate the same facts, regardless of the lawsuit’s outcome. A single, ordinary mistake is treated differently from a pattern of mistakes. If a patient has filed a lawsuit against you, you should consider having an experienced licensing lawyer examine the case in addition to your malpractice defense counsel.

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 hearings, they should also be genuine.

If the committee does not believe you, your application may end up being denied. When the hearing is completed, the Peer Committee makes a recommendation to the Committee on the Professions, which will make its own recommendations to the Board of Regents, which ultimately issues the final decision.

Contact Our Firm

In the event you are facing allegations of misconduct in New York, Walker Medical Law is ready to represent you. Our firm understands how overwhelming these matters can be to navigate, especially when your license and reputation are on the line. As such, if you need legal assistance, please do not hesitate to contact our firm today to learn how we can represent you.