Do OPMC Investigations Require a Court Appearance?

If a patient, coworker, or employer accuses you of medical misconduct, your career may be put in jeopardy. This is because, with this accusation, the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) may investigate you; and in a worst-case scenario, may decide to revoke your medical license. But before such a drastic decision can be made, you may wonder if you can be granted the opportunity to defend yourself in a legal hearing. Read on to discover whether an OPMC investigation against you involves a court appearance and how one of the OPMC/OPD misconduct defense lawyers at Walker Medical Law can step up as your legal representative.

Under what circumstances do OPMC investigations involve a court appearance?

Almost immediately after receiving a medical misconduct complaint against you, the OPMC may commence an investigation. This may entail an investigation committee interviewing your past and present patients, employees, colleagues, and/or employers to get to the bottom of your medical practice history. And if the investigation committee finds evidence suggesting that you have committed medical misconduct, then charges may be filed against you and a hearing may be scheduled.

With this, your hearing may require you to appear in front of an OPMC board committee. This committee may be made up of two physicians and a lay member. In this court appearance, you may be expected to testify; introduce evidence that points to your innocence in the matter; and call on and question witnesses who may vouch on your behalf. Ultimately, the OPMC board committee may consider all these factors when determining as to whether a penalty is warranted.

It is worth mentioning that, if you disagree with the OPMC board committee’s ruling, you may appeal it to an Administrative Review Board. Of note, this board may be made up of three physicians and two lay members.

In what ways can I prepare for my hearing?

Above all else, you must not assume your medical misconduct case will be easily resolved in your hearing. That is, you must not underestimate the experience and perceptiveness of the OPMC board committee. The committee may be able to easily decipher whether you are exaggerating the truth or unremorseful for your conduct, among other things.

This is all to say that the best way to equip yourself for your hearing may be to show up with a legal representative. Because while you may not have any experience with such legal proceedings, a lawyer may have years of experience that allow them to devise the best course of action. In conclusion, we believe that legal representation from a competent OPMC/OPD misconduct defense lawyer is the best fit for your hearing. So please get in touch with Walker Medical Law as soon as you can.