It is an unfortunate fate if you were made the victim of a catastrophic accident, or otherwise were the subject of a serious medical diagnosis, that has left you physically deliberated for the time being. You may have a desperate feeling inside of you to recover rapidly and return to the daily activities you once enjoyed as soon as possible. With this, you may struggle to give up your medical profession which you worked so hard to earn in the first place. But at the end of the day, you may have to make a disappointing decision that is in the best interest of yourself and the medical community you treat. Please read on to discover whether you can keep your medical license with a physical disability and how one of the seasoned New York physician defense lawyers at Walker Medical Law can help you make the right decision.
Can I keep my medical license after incurring a physical disability?
New York State law generally prohibits physicians from practicing medicine, and thereby keeping their medical license, if they are impaired by a physical disability. However, the operative word here is “impaired.” And having a physical disability does not necessarily equate to having an impairment. That is, a physician need not be forced to surrender their medical license if they can prove that they can still perform the essential functions of their practice. Further, they must prove that their condition will not be a liability to their patients and the overall New York State medical community.
That said, the Americans with Disabilities Act of 1990 holds that employers are forbidden to discriminate against qualified job applicants and employees with disabilities. Nonetheless, this law also covers employers and employees in the medical field.
It is worth mentioning that, as a physician with a physical disability, you may figure out ways to tailor your practice with certain, necessary adjustments. For example, if you are deaf or significantly hard of hearing, you may request that your employer supply you with an amplified stethoscope or one with a visual display. In all other instances, you may ask your employer to schedule you with a qualified nurse practitioner or physician assistant to assist you in your appointments with patients.
What should I do if my physical disability is affecting my ability to practice?
Though it may be hard to admit to yourself, you must be truthful if your physical disability has reached a stage where it is now affecting your ability to practice medicine carefully and safely. This is because you do not want to diminish the quality of care you offer to your patients; or in a worst-case scenario, hurt your patients in the process.
For this, you may have to take it upon yourself to inform the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). You do not want the OPMC to find out first through a complaint from a third party. Otherwise, they may suspect you of medical misconduct and threaten the status of your medical license. Namely, the OPMC describes a physical disability becoming an impairment that constitutes medical misconduct as, “[the inability] to practice medicine with reasonable skill and safety by reason of…physical illness or condition…”
There is a lot to consider before risking consequences by the OPMC. To help you make the right considerations, please consult with one of the competent New York physician defense lawyers. Our team at Walker Medical Law will guide you toward the best decision.
