Can I Appeal an OPMC Decision?

Medical professionals are held to a very high standard. It is because of this that they are expected to provide the best possible care for their patients. While this is true, they are still human and can make mistakes and be negligent. When this happens on the job, the individual may be investigated by the Office of Professional Medical Conduct (OPMC) for misconduct. 

The OPMC is a board of medical professionals that oversees other doctors, nurses, and physicians to make sure they continue to practice medicine ethically. If an individual is found guilty of misconduct, they can impose consequences that can negatively impact a career. That is why medical professionals are able to appeal the decision if they believe the wrong decision was reached. Continue reading below to learn more and contact an experienced New York medical defense attorney for assistance.

What Do I Need to Know About OPMC Investigations?

A medical professional who is believed to commit misconduct can receive a letter from the OPMC informing them they are being investigated. During an investigation, a variety of interviews will take place. Those who can be interviewed can include the professional themselves, past employees, coworkers, and patients. Through the interviews, the OPMC will ask different questions regarding the accusation of misconduct. When they are done, the board will review the situation to come to a conclusion. 

If the OPMC believes the professional is guilty of misconduct, it can result in certain consequences. The consequences an individual may face can vary depending on what the board feels is suitable for the act that was committed. Penalties can be something as small as a letter of reprimand, a censure letter of reprimand, or probation. However, it is also possible for them to lose their medical license.

Appealing an OPMC Decision

It is important to know that appealing an OPMC decision is not easy. The first step in doing so is filing an appeal with the board to receive a date for an appeal hearing. During a hearing, the case will be reviewed again with any necessary additional remarks. When the hearing is done, the board must reach a final agreement within 45 days of the appeal filing. When facing these situations, professionals should know the director of the OPMC has the right to appeal a decision as well.  

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.