OPMC Defense

The problem with the sexual contact with a co-employee is that the situation can often lead to the dismissal from the health care facility or hospital. When that happens the dismissal will be reported to the Department of Health and you might get investigated by OPMC. Also, you will have to explain why you were […]

This most often comes up with the mothers of pediatric patients and believe me the answer to the question is a resounding “no”. OPMC will charge you with immoral conduct if you do this and they will investigate to see if you have done it once or if you are doing this on a routine […]

If you were sanctioned by OPMC perhaps 15 years ago you might want to ask OPMC to remove the public sanction from its website. The regulations say that OPMC must keep the sanction Order public for 10 years. So, it would seem that OPMC has the discretion to take an old sanction Order off the […]

Often I represent physicians or other providers in situations where the facts are not debatable.  This occurred in a case where a physician kissed and fondled a patient and admitted everything in a letter to his superior at a clinic.  In the letter, the doctor stated that what had done was “reprehensible” and “immoral”. The event […]

I was recently looking over the OPMC website when I came across a physician who managed to get himself sanctioned for a situation which was completely preventable. It all started when an elderly gentleman fell in a store and injured his leg. The man went to the doctor and received treatment. The man then retained […]

Walker Medical Law Blog is brought to you by Paul E. Walker, a New York based attorney. Mr. Walker is the past President of the New York State Medial Defense Association and has a network of colleagues nation-wide who are experts in every state. Mr. Walker has tried over 125 medical malpractice cases to verdict involving all […]

We represented a physician in a Department of Health, OPMC, matter. The physician had a momentary sexual encounter (less than 10 seconds) with a patient. The patient reported this incident to the physician’s superior and the physician admitted the incident over the phone and then wrote a rather lengthy letter to his superior which clearly outlined exactly […]

We recently represented a New York State licensed physician during an inquiry by the Office of Professional Medical Conduct, OPMC. The matter came to OPMC’s attention when this doctor surrendered his medical license in another state during an investigation concerning whether the physician was practicing medicine while being impaired by high levels of medication he […]

We recently represented a physician in an OPMC investigation which arose out of the IV administration of a potent antibiotic which caused the patient, a diabetic, to go into acute kidney failure. Subsequently, the patient required dialysis on a permanent basis.  The issue had been the subject of a medical malpractice lawsuit which was settled […]

We recently represented an anesthesiologist who was investigated by OPMC due to a failure to document a patient’s chart. There were two different procedures performed and in neither case was the name or the the amount of the medication charted. The charting was done by a CRNA, not the anesthesiologist and therefore it was tempting to simply say that […]

All physicians are aware that they can never become sexually involved with their patients. However, what about relatives of their patients? The answer is “no”. OPMC will investigate any physician who is reported to having had sexual behavior with members of a patient’s family. This behavior most often occurs when the family member is the […]

Basically, nurses, therapists, physician assistants, etc are subject to the same type of sanctions that apply to physicians.  In other words, you can be sanctioned for incompetence, sexual boundary violations, substance abuse issues and any other behavioral or professional misconduct. If you are a nurse, the Department of Education, Office of Professional Discipline (OPD), will […]

OPMC, the Office of Professional Medical Conduct, is the enforcement arm of the New York State Department of Health, and it is closely evaluating physicians who are treating long term pain management patients. While any licensed physician can prescribe narcotics, OPMC will look very carefully at the treatment of a physician who is not a […]

Disability Insurances companies have multiple approaches to denying valid claims for long-term disability benefits. Once your claim has been denied, you MUST have an experienced attorney to prepare an administrative appeal in order to maximize your chances of winning in court. You want to make it as difficult as possible for the company to deny […]

If your superior at a hospital advises you that a patient has made a complaint that you have touched her in an inappropriate sexual manner, be sure that you understand that your entire career may suddenly be in jeopardy. There is nothing more dangerous to you as a health care provider than this type of […]

This organization is a division of the Medical Society of the State of New York and it exists to help physicians, physicians in training and physician assistants who have difficulties with stress, substance abuse, psychiatric issues and other physical and emotional situations. If you are being investigated by OPMC for a substance abuse issue, it […]