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Your First Consultation with a New York Misconduct Defense Attorney

If you are under investigation by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) or suspect that an investigation will take place in the near future, please read on, then contact an experienced OPMC/OPD misconduct defense attorney to discuss what you should bring to […]

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Avoiding Social Media During Your OPMC Investigation in New York

Being under investigation by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) can be a painful and alienating experience. Like people all over the world and in every possible occupation, you may be drawn to social media. However, you place yourself, your medical career […]

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Dentist Medical Malpractice in New York | What You Should Know

The public might not realize, or appreciate it, but the work performed by dentists is every bit as important as brain surgery, heart bypasses and other serious medical procedures. Without regular visits to the dentist and adherence to proper oral health regimens, individuals might find it difficult or even impossible to eat, talk or work. […]

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What To Do If You’re Accused of Medical Malpractice in New York

If you face accusations of medical malpractice in New York, please read on, then contact an experienced OPMC/OPD misconduct defense attorney to learn what you should do. You have been accused of medical malpractice in New York – now what? As you may know, accusations of medical malpractice can be detrimental to your reputation and […]

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Avoiding a Medical Malpractice Claim in New York | What To Know

Thousands of the most passionate and dedicated medical professionals in the world call New York City home. Many of these professionals chose this field in order to help others. Unfortunately, medical professionals can face charges of medical malpractice if they are not careful, potentially risking their careers. But there are actions you can take to […]

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How Does an OPMC Complaint Differ From a Civil Complaint in New York?

It is not easy being a medical professional, due to years of specialized schooling, high-stress work environments and the demands of patients. Unfortunately, your career as a medical professional may now be at risk due to an allegation of medical malpractice. These allegations can come in the form of either OPMC or civil complaints. Either […]

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Nurse Misconduct in New York | What You Should Know

Being accused of misconduct can permanently damage or destroy a nurse’s livelihood and future. But what does nurse misconduct entail and how can someone defend against such charges? If you are a nurse asking yourself that very question, please read on, then contact one of our experienced New York health care professional defense lawyers to […]

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Defending An Uninsured New York Psychologist From Medical Malpractice

Working in the health care field can be a thankless job. Patients generally do not come to you when they are feeling their best. However, you take pride in your work. If you face charges of medical malpractice and do not have insurance, please read on, then contact one of our experienced New York City […]

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What Happens at an OPMC Hearing?

If you have received a complaint letter from the Office of Professional Medical Conduct as a medical professional in New York City, it is important that you reach out to an experienced New York OPMC defense attorney who will prepare you for an OPMC hearing. Gaining legal guidance during this period is essential. Being accused […]

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What Should I Know About the OPMC?

There are strict standards all physicians must meet throughout their practice. These requirements have no room for mistakes that may harm a patient. Any mistakes made due to negligence during a physician’s practice will lead to serious consequences. When doctors are charged with medical misconduct, an investigation will begin by the Office of Professional Medical […]

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How Can I Appeal an OPMC Decision as a Physician in NYC?

As you know, if you are a medical professional, you are held to a high standard, and rightfully so–in many cases, people’s lives are in your hands. For this very reason, medical professionals have to attend medical school for years, and they have to truly prove their abilities before receiving their license to practice medicine. […]

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What Psychologists Facing OPMC Investigations Must Know

Psychologists are among the most compassionate, caring, and intelligent members of our society, and they work to improve the mental health of all those who seek their help. They play a critical role in today’s day and age, and more people see psychologists than you might imagine. Unfortunately, nobody is perfect, and so there are […]

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Are You a Dentist Being Charged With Malpractice? Here is What You Should Know.

As you know, it is not easy to become a dentist. Dentists spend years refining their practice until they are more than capable of taking care of the general public. Dental health is critical to overall health, which is why dentists are held to the same standard as all other medical professionals. Unfortunately, there are […]

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What Should I do if I am an Uninsured Physician Under an OPMC Investigation?

Physicians are some of the most respected, hardest-working members of our communities. However, if you have recently received a letter from the OPMC stating you are under investigation, you are most likely extremely worried about what is going to happen next. If you believe you are being wrongly or unfairly accused of medical misconduct, you […]

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Can a Physical Therapist be Sued for Medical Malpractice?

If you are a physical therapist, your clients trust you understand they are already severely injured, and will, therefore, take all the necessary precautions to ensure you do not hurt them further. If you are now facing a claim of medical malpractice, time is of the essence. Here are some of the questions you may […]

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What to do if you are a Pharmacist Being Charged With Medical Malpractice

Pharmacists make a living handling patient’s prescriptions. If you are a pharmacist, it is your job to ensure all medicine is being administered safely and appropriately. This is not an easy practice, and if you are facing a wrongful or unwarranted medical malpractice claim, it can put your life in shambles. If you are under […]

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What Happens if I am an Uninsured Physician and am Under Investigation?

If you are a physician who did not buy the “tail” of your Claims Made Medical Malpractice Insurance Policy, you may be panicking if you have received a letter stating that you are under investigation. Physicians deserve the freedom and respect to do their jobs to the utmost of their ability, so if you are […]

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What Does the OPMC Do?

Medical professionals are generally trusted individuals within their field. They go through extensive training to be able to do their job. However, throughout their career, they are subject to make mistakes. Depending on the severity of the mistake, it has the potential to affect their career. It a medical professional violates their moral code, a […]

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Can anyone file a complaint to the OPMC?

Can anyone file a complaint with the OPMC about medical professional misconduct? The Office of Professional Medical Conduct is the governing body of all medical professionals in the state of New York. It exists to hold physicians, nurses, and other medical professionals accountable for meeting the accepted standard of care. One of the biggest concerns […]

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OPMC Hearings

When a medical professional in New York City receives a complaint letter from the Office of Professional Medical Conduct, it is important that they receive legal guidance from an experienced OPMC defense attorney as soon as possible. Being accused of misconduct can put an end to a medical professional’s career. When a complaint is issued, […]

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What should I know about HIPAA Violations?

Arguably one of the most important federal laws that exists to protect the public in terms of their medical care is HIPAA. The Health Insurance Portability and Accountability Act of 1996 was instituted to ensure that medical professionals are not permitted to share confidential information about their patients with others unless they have permission. Of course, there […]

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Who can be investigated by the OPMC?

When an individual receives a letter from the New York State Office of Professional Medical Conduct, they may immediately wonder what went wrong that they received this letter. Of course, it is a significant cause for concern and it is essential that the individual contact an experienced healthcare misconduct defense attorney as soon as possible. […]

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OPMC Annual Statistics

When an individual believes that a medical professional committed some sort of misconduct that is not permitted by the New York State Department of Health, they have the right to submit a complaint. The Office of Professional Medical Conduct has the difficult job of investigating any complaints or accusations against medical professionals in New York State. […]

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Health Care Professional Defense

Whenever a health care professional receives a complaint letter from the New York State Department of Health’s Office of Professional Medical Conduct, they may be very concerned about the future of their career and whether they will ever be able to practice again. Of course, before a decision can be made regarding the future of […]

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What information does the misconduct complaint form require?

When an individual feels as though they have been the victim of misconduct by a medical professional or has witnessed a medical professional committing misconduct, they may consider filing a complaint with the New York State Department of Health’s Office of Professional Medical Conduct. This office is the governing body for any wrongdoings that may […]

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Crackdown Aimed at Harassment in New York Hospitals

After several hospitals in New York state recently came under fire for acting as environments that tolerated sexual harassment by medical professionals, Governor Cuomo introduced legislation to hold violators accountable. The 30-day budget amendment allows the New York State Department of Health Commissioner to require any physician who has been charged with felony misconduct in […]

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Are OPMC Board Actions Made Public?

When a medical professional such as a physician, physician assistant, or another medical specialist has a complaint made about them to the Office of Professional Medical Conduct, they will undergo an investigation and a hearing to discuss the findings of the investigation. The New York State Board for Professional Medical Conduct will make a decision […]

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Who makes up the state board for professional medical conduct?

When a medical professional receives a complaint from the Office of Professional Medical Conduct, they are faced with an uncertain future. Once a complaint is received, the OPMC will conduct an investigation into the accusations. Then, the results of the investigation will be presented in a trial to a board of individuals that will determine […]

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packets of pills

NY Pharmacist Guilty of Selling $9 Million in Pills

Headlines broke today about an 83-year-old pharmacist from Rockland County, New York who pleaded guilty to a massive scheme selling illegal prescription drugs between March 2014 through July 2016. Throughout the course of the illegal sales of more than 5 million Butalbital pills, the doctor pocketed $9 million. However, with his guilty plea today, he […]

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What is there to know about OPMC investigations?

The Office of Professional Medical Conduct is the organization responsible for making sure that medical professionals are practicing within the appropriate standard of care. If a complaint is made against a medical professional, the OPMC will conduct an investigation into the truth behind that complaint. If you get a letter from the OPMC stating that […]

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Can I appeal my OPMC decision?

If you have been investigated by the Office of Professional Medical Conduct for violating the standards that medical professionals are held to, you may be facing a license suspension or total revocation. This can completely devastate a medical professional’s career and bring it to a screeching halt. If the Office of Professional Medical Conduct feels as though […]

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dentist and patient

School-Based Health Center Requirements

All high-need schools within New York State are required to have both primary health care services and mental health care services located within the school. These health centers must consist of, at a minimum, a nurse practitioner or physician assistant, a mental health professional, a physician, and a health assistant. These school-based health centers must be […]

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What should I do if my surgeries are questioned by the OPMC?

One of the most stressful things for a medical professional to face is when they learn they are being investigated by the Office of Professional Medical Conduct. Sometimes, medical professionals may be questioned about the reasons they performed certain surgeries. If a complaint is filed that accuses a doctor of performing unnecessary surgeries or procedures […]

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What actions can the board take against a physician?

When there has been a complaint filed against a physician, an investigation will take place to determine whether there is any truth into that complaint. The physician will have to attend a hearing where the committee will assess the findings of the investigation. Then, the board can make an educated decision as to what the […]

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Medical Professionals With Substance Abuse Issues

Millions of Americans suffer from substance abuse issues and for a good portion of those people, the hardest step is admitting they have a problem in the first place, which is completely understandable. One group of people who may suffer from substance abuse issues is medical professionals, including doctors, nurses, and office staff. These medical […]

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Veterinarians and the OPD

One question that a lot of people have is whether they can file a complaint against a doctor with the Office of Professional Discipline if that doctor is a Veterinarian. Veterinarians can be investigated by the Office of Professional Discipline for professional misconduct in the same way that a doctor for humans can. If someone […]

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Can the public see when a complaint has been filed against me?

If a person believes their doctor, nurse, or other medical professional has conducted a wrongdoing of some type, they may file a complaint against them with the Office of Professional Medical Conduct. These complaints can result in an investigation into those claims and ultimately may be the reason for which a medical professional loses their […]

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OPD Interviews

When somebody files a complaint against a medical professional in New York State, both the person who made the complaint and the medical professional who has been complained about will be interviewed. In addition, the Office of Professional Discipline will also have to conduct interviews with the coworkers, peers, patients, and others who have contact […]

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Penalties for professional misconduct in NYS

When a medical professional, whether it be a doctor, nurse, or physician’s office staff, is found to have been taking part in misconduct, there are serious consequences. The New York State Office of Medical Professionals will determine what penalties any medical professional may face who has been found to have committed fraudulent or unethical behavior […]

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Can future patients view OPMC complaints against me?

A physician who has been issued a complaint against them with the Office of Professional Medical Conduct will face serious consequences. Depending on the offense, they may actually lose their license. However, in the event that a physician doesn’t lose their license or they are able to restore their medical license, it will be a difficult road […]

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What should I know about violating HIPAA?

Occasionally, doctors, nurses, and other medical professionals find themselves in situations where they have unintentionally (or intentionally) violated the Health Insurance Portability and Accountability Act, or HIPAA. If a patient’s health information is shared, the person or persons who are responsible may lose their job or even their medical license altogether. Violating HIPAA laws can […]

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What should I know about substance abuse and my practice?

If you are are a medical doctor and you are found to have a substance abuse issue, you will likely lose your medical license that the state board granted you. Substance abuse is taken very seriously. Unfortunately, this is a common issue seen amongst the community of medical professionals because they have access to so […]

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Danger, The General Counsel of Your Hospital Wants to Have an Urgent Meeting With You!

If you are a physician or other healthcare provider working at a hospital, you must be aware that the hospital administration is constantly looking to protect the hospital at the expense of its employees or independent attending physicians. Hospitals are constantly being monitored by the local, state and federal governments. If there is a problem, […]

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Allegations of Sexual Misconduct by Health Care Professionals

A significant part of my business is defending doctors, nurses, massage therapists, physician assistants and other health care providers against claims by women that there was inappropriate sexual conduct during an office or hospital visit.  I want to make it clear that these claims are extremely dangerous for the health care provider and can effectively […]

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What is an Example of a New York Doctor Inappropriately Prescribing Drugs?

Recently I represented a physician who was accused by OPMC of inappropriately prescribing controlled substances. They had four different patients and I took at look at the records that the doctor had and indeed OPMC was absolutely right. The records were awful. Some of the office visits were not even listed on his chart. All […]

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What is an example of a New York Doctor Having to Surrender a Medical License Due to Drug Use?

I have numerous clients who have had to surrender their license due to drug use. This is really unfortunate because it takes a long time to resolve and you’re out of business for a long time before you can get your license back. In some of these cases, the doctor was unable to really acquit […]

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What Happens When a New York Doctor has a Psychological Breakdown Due to a Medical License?

I have represented several physicians who have had psychological breakdowns and had to be hospitalized because they were deemed to be an imminent danger to himself or herself or somebody else. Obviously a doctor who has this happen to him or her is not exactly in shape to take care of patients. The state that […]

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What Happens When a Doctor is Physically Unable to Practice Medicine in New York?

When a doctor is physically incapable of practicing medicine, he can lose his license temporarily. I’ve had cases where the doctor lost his license in a state because he really was sick. He was sick for a long period of time and sick in such a way that he really was not capable of treating […]

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What Happens if a New York City Doctor Gets Sued but Does Not Have Medical Malpractice Insurance?

I have several doctors who have been sued for malpractice and for other things. They didn’t have any malpractice or didn’t have any kind of insurance to cover the claim. That is kind of a disaster, but it does happen, especially if the doctor retires and doesn’t buy what’s called “the tail of the insurance”, […]

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What Can a Physician Expect in a Medicare Billing Audit in New York?

I represent physicians who are being accused of overbilling Medicare or other HMO institutions and this happens quite frequently and can be very dangerous. I did one about five or six months ago where the claim was the physician had billed the procedures he was doing incorrectly and the HMO wanted $51,000 back from him. […]

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What are the Pitfalls of Prescribing Controlled Substances in New York?

The Office of Professional Medical Conduct is looking for doctors who are prescribing controlled substances unnecessarily. There are many people becoming drug addicts or who are dying because of overdoses for no reason whatsoever. The Office of Professional Medical Conduct can track what you, as a physician, are prescribing. If they see a pattern they […]

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Hospital administration protects the hospital, not the staff.

Be careful of EMTALA and HIPAA violations If you are employed by or on the staff of a hospital, you must be very careful when dealing with or discussing patients.  Two federal statutes that can truly make your life miserable are the Emergency Medical and Labor Act (EMTALA) and Health Insurance Portability and Accountability Act […]

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Can a Doctor Get a New York Medical License Back if He or She is Convicted of a Sexual Crime?

If a doctor is convicted of a sexual crime, especially one involving one of his patients, they face one of the most difficult situations to try to restore the license. The conviction itself will cause the doctor’s license to be revoked. HHHe or she can apply to have it restored after three years. Trying to […]

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How Does New York Handle Issues with Out-of-State Doctors with New York Licenses?

I represent many doctors from out-of-state who also have New York State licenses. Even if they haven’t been here for years, New York State Department of Health and Office of Professional Medical Conduct still holds jurisdiction over them if they do something wrong in another state. The most recent case was a doctor from Oregon […]

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Department of Education Peer Committee Panel Recommends Medical License Restoration for a Physician

We represented a physician who surrendered his medical license some years earlier due to several complaints of inappropriate behavior with some of his patients. One of the matters resulted in a criminal conviction. The physician wanted to have his license reinstated and we assisted him in preparing the required paperwork for the application. This consisted […]

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What is the Role of OPD Regarding Your Medical License?

If you are a nurse, dentist, or other professional, other than a physician assistant or a physician, you are governed by the Department of Education and its investigative arm, the Office of Professional Discipline. The Office of Professional Discipline must investigate every complaint against a licensee. They may do so by interviewing your friends, coworkers […]

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