How Can A Lawyer Strengthen My Misconduct Defense?

Being contacted by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) is almost always a telltale sign that trouble is ahead of you. Evidently, you do not want the subsequent investigation, interview, and hearing to result in the forfeiture of your medical license. And so, it is in your best interest to garner legal representation from the jump. Continue reading to learn how one of the experienced OPMC/OPD misconduct defense lawyers at Walker Medical Law can work to strengthen your case.

How can a lawyer strengthen my medical misconduct defense?

The OPMC may initially spearhead an investigation against you in response to a medical misconduct accusation. From here, you may be requested to sit down for an interview. This should be your lawyer’s queue to step in. This is because your lawyer may advise you on what is and is not legally required of you. For example, you may have to comply with the OPMC’s requests for certain documentation, but you may not necessarily have to submit to an interview. But if an interview is your best move, your lawyer may prepare you to answer certain interview questions. This is because anything you say may be used against you to advance the matter.

Ultimately, if the OPMC collects enough evidence against you from an investigation and interview, then what follows is a hearing. Therefore, in the presence of an OPMC committee, made up of two physicians and a lay member, your lawyer may strengthen your medical misconduct defense in the following ways:

  • Your lawyer may collect and present evidence on your behalf that may point to your innocence.
  • Your lawyer may call on and question witnesses on your behalf that may attest to your innocence.
  • Your lawyer may testify on your behalf so that an adverse inference of your guilt is not drawn.

How can a lawyer support me in my appeals process?

To reiterate, your lawyer will do everything possible to prove your innocence to the OPMC board. But unfortunately, this still may not be enough to curb a guilty verdict. Rest assured, your lawyer will not abandon you in your time of need. Rather, they will stick by your side throughout your appeals process.

First off, your lawyer may assist you in filing your appeal with the OPMC board. Then, in the days, weeks, or months leading up to your scheduled hearing, your lawyer may help you in collecting new information to submit to the board. Lastly, your lawyer may present this additional evidence to the board to argue that you are not guilty of what you have been previously accused of.

Without a doubt, your next step should be to employ one of the skilled OPMC/OPD misconduct defense lawyers. So please reach out to us at Walker Medical Law immediately.