How Can Uninsured Medical Professionals Defend Themselves from Misconduct Accusations?

Medical professionals train for a long time in order to be able to do what they do for a living. It is because of this that if they are accused of misconduct, these accusations are taken very seriously. When a misconduct investigation occurs, it can possibly result in the loss of their license and inability to practice medicine. Facing these situations can be stressful for a medical professional, especially if they are uninsured. It is because of this that those facing misconduct investigations should retain the services of an experienced New York medical defense attorney to protect their future.

What is Considered Medical Misconduct?

When a professional is accused of misconduct, they will receive a letter from the Office of Professional Medical Conduct (OPMC). This will state their intent to investigate the individual’s behavior regarding the act they were accused of committing. There are various actions that a medical professional may commit that can warrant a misconduct investigation. This can include substance abuse, billing fraud, medical malpractice, insurance fraud, inappropriate sexual relations, and more.

Individuals who receive a letter from the OPMC should hire a medical defense attorney as soon as possible in order to combat the matter at hand and protect their career and future. 

What Do I Do if I’m an Uninsured Physician?

In order for physicians to be insured, they can purchase the “tail” of their Claims Made Medical Malpractice Insurance Policy. Tail coverage provides professionals insurance if a claim is brought after a claims-made insurance policy is terminated. Claims-made policies give coverage for claims against physicians. If a physician does not purchase the tail coverage, it is even more important to have an attorney to defend their case. This is because, if misconduct is proven, they will be required to pay all legal bills, expenses of the depositions, expenses of the experts, and any other additional case related expenses. In addition to this, they may need to settle the case and pay the settlement out of their own pocket instead of having it covered by insurance.

What Do I Do if I’m a Retired Physician?

It is important to know that retired physicians can still be held liable for misconduct even after they retire. In these situations, these individuals must send the information regarding the case to their former insurance carrier. In some cases, the carrier may be required to provide defense, even if the retired individual did not have the tail end of their insurance. While some cases may be settled by the insurance company, they may also be liable to repay the company for the coverage. Individuals in these situations should retain an experienced attorney as well. 

Contact our Firm

When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.