You may truly believe that you did not commit the medical misconduct that you are being accused of. Still, a hearing before the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) is a big deal. That is, your professional reputation, career, and license are all at stake. So, to better challenge these accusations, you may want to get backup in the form of expert witnesses. With that being said, please continue reading to learn whether you can utilize an expert witness at your OPMC hearing and how one of the experienced New York OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you build an effective defense strategy.
What is the role of an expert witness in an OPMC hearing?
An expert witness may be particularly pivotal in your OPMC hearing if the medical misconduct allegation pertains to your deviation from the standard of medical care. This is because an expert witness may vouch that you used reasonable clinical reasoning and judgment before making a medical decision for your patient. Or, they may emphasize the complexity of your patient’s diagnosis or medical case and attest to the fact that another physician would have acted or responded similarly or the same.
Without employing an expert witness to your defense, the OPMC may heavily rely on the testimony provided by its own medical reviewers. Namely, these are licensed physicians or other medical experts who review medical records and overall assess your conduct, then relay their opinion to the Board. This is to say that a medical review may work directly against you and place you at a serious disadvantage in your hearing proceedings.
Who does the OPMC consider a credible expert witness?
You may assume that you can hire any licensed physician to serve as your expert witness. However, a witness may hold more credibility in the eyes of the OPMC Board if they meet most or all of the following expectations:
- Your expert witness is board-certified and current in their specialty of medicine.
- Your expert witness specializes in the medical field directly involved in your misconduct case.
- Your expert witness practices in New York State and is thereby familiar with the standard of care established in this medical community.
- Your expert witness recently and frequently teaches medicine, publishes in medical journals, or holds a professional role in clinical leadership.
- Your expert witness does not have any prior record of medical misconduct or disciplinary action by the OPMC Board.
There is no need to wait any longer to hire one of the skilled New York OPMC/OPD misconduct defense lawyers if you are already ready to get on with your medical misconduct case. Reach out to our law firm, Walker Medical Law, at your earliest possible convenience.
