NYC Healthcare Misconduct Defense Attorney
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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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Medical professionals that become disciplined are facing a long road ahead of them when trying to get their careers back on track. It will likely be very difficult to find work again if their license has been revoked and restored, or even if they were able to keep their license but were fired from the […]
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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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Many times a patient will realize that their medical bills cost far more money than they were originally anticipating. In response, that patient may try to file a complaint with the Board of Medical Professionals in order to dispute the fee. This is something that is seen quite often, but it is not considered ethical […]
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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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When you find yourself in a difficult situation with the Office of Professional Medical Conduct, you will require the services of a medical law attorney. This is pretty self explanatory. However, a lot of people wonder if they are in a criminal situation with the Office of Professional Medical Conduct, whether or not they will […]
Read MoreWhen an insurance company believes that it was over billed by a physician, there are many steps that need to be taken in order to prove that this injustice occurred. One of the most important steps here is to come up with a demand letter entailing the amount of money that you were over billed […]
Read MoreWhen you have been accused of an injustice that may cause you to lose your medical license, there are some steps you may be able to take that can prevent this from happening. Of course, it all depends on the type of infraction that has occurred. There are some situations that you unfortunately won’t be […]
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Doctors are just as susceptible to mental illness as anyone else and sometimes, they will ignore their symptoms until they get to the point where their condition has the potential to put their patients at risk. If a doctor’s mental state is not under control and something goes wrong, they should seek treatment to try and […]
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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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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 […]
Read MoreAn OPMC attorney is someone who deals with OPMC, being the Office of Professional Medical Conduct, which governs the practice of physicians and can take their licenses from them. In another field, it’s the Office of Professional Discipline with the Department of Education where they are dealing with all other licensed practitioners such as nurses […]
Read MoreIf 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, […]
Read MoreIf you’re a physician and you receive a letter from the Office of Professional Medical Conduct, be aware. The government is after you thinking you have done something wrong. That letter will tell you, briefly, what they are looking into. It might be suspected fraud, it might be suspected drug use, it might be sexual […]
Read MoreI’m currently representing a doctor from out-of-state who had a New York State license – and in fact he still has it even though it’s not active – and he got into a great deal of difficulty in the state he was in and had to agree to a consent order that really limited his […]
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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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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 […]
Read MoreI have written on several occasions about the problems that can occur if a physician has a personal relationship with a patient. Most often this arises in the context of a romantic relationship between the doctor and the patient and it usually does not end well for the doctor. This short article chronicles a real […]
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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 […]
Read MoreI 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 […]
Read MoreWhen 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 […]
Read MoreIf you’re a doctor, a nurse or another licensed professional and you get arrested for drunk driving in the State of New York or anywhere else, you should be aware that this is not simply a criminal issue. It is also an issue that can impact your medical license. From the beginning, when you get […]
Read MoreI 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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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. […]
Read MoreThe 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 […]
Read MoreBe 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. Â 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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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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The subject matter recently came up to me as to whether a physician in another state can apply for a New York State license if the doctor is on the sex offender list. The answer is yes. This is not true in all states, but it is true in New York. They will take your […]
Read MoreHIPAA, the federal statute to protect the medical privacy of patients, can entrap doctors, nurses, and other health care providers in ways that sometimes are not obvious. In a recent case of mine, a licensed heath care provider who worked at a hospital mentioned to a “friend” that a certain well-known person had been in […]
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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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If you have a criminal problem or other type of issue, you should go to a lawyer who has a specialty in that field. If you have an OPMC or OPD issue, you should likewise go to an attorney who has a great deal of experience there. Why? Because the rules are totally different than […]
Read MoreIf you are a physician or other medical care provider and you receive a letter from the Offices of Professional Medical Conduct or the Office of Professional Discipline, you had better pay attention. What these letters mean is that they are investigating you for a claim or an allegation of unprofessional conduct. This can have […]
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