It is unfortunate if a patient submits a written complaint about you to the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). This is because, from here, an investigation may be conducted against you and subsequently presented to an investigation committee. If this committee concludes that sufficient evidence has been collected against you, they may order a disciplinary hearing before the Board for Professional Medical Conduct. In a worst-case scenario, the Board may find you guilty of medical misconduct, and inflict career-ending consequences. However, you may rest easier knowing their decision does not have to be the end-all-be-all. So, without further ado, please follow along to find out whether you hold the right to appeal an OPMC decision and how one of the proficient OPMC/OPD misconduct defense lawyers at Walker Medical Law can represent you throughout this time-consuming process.
Do I hold the right to appeal an OPMC decision?
Of note, the Board for Professional Medical Conduct is comprised of two physicians and one layperson. They are charged with deciding whether you are guilty or innocent of the medical misconduct accusations placed against you. Further, if they find you guilty of such, they are subsequently responsible for imposing penalties on you, such as fines, community service hours, or a medical license suspension or revocation.
Overall, you may feel as though the entire hearings process and the ultimate decision were beyond your realm of control. However, you cannot and should not give up hope after receiving an unfavorable outcome. Rather, you should exercise your right to appeal the decision to an Administrative Review Board. With this, the Administrative Review Board is made up of three physicians and two laypersons. Here, they must decide within 45 days of your appeal filing date. Importantly, their decision is final and supersedes the Board for Professional Medical Conduct’s decision.
If you still do not agree with the Administrative Review Board’s decision, you may file an appeal in the court system. Specifically, you may submit an Article 78 action in the Appellate Division of the New York Superior Court.
Do I hold the right to legal representation during the appeals process?
You may only get a finite amount of chances to appeal an OPMC decision. This is why we strongly urge you to exercise your right to have a legal representative stand by your side. Someone from our team at Walker Medical Law will help you prepare for your initial hearing. Then, they may act on your behalf for virtually most of the appeals process thereafter.
In conclusion, before entering the appeals arena, you must retain the services of one of the talented OPMC/OPD misconduct defense lawyers. Reach out to Walker Medical Law today.
