Being a medical professional is one of the most important jobs in the world. It is because of this that they are held to a very high standard. These individuals are required to provide the best care possible for their patients. However, is possible for them to make mistakes or act negligently while on the job. When a professional is believed to have engaged in misconduct, they can be investigated by the Office of Professional Medical Conduct (OPMC).
The OPMC is a board of medical professionals whose job is to oversee other doctors, nurses, and physicians to ensure they practice medicine ethically and do not participate in misconduct. In the event that they find an individual guilty of misconduct, they can impose certain consequences. These consequences can negatively impact a career, which is why medical professionals are able to appeal the decision if they believe the wrong decision was reached.
What to Know About OPMC Investigations
When a medical professional is believed to have committed misconduct, they can receive a letter from the OPMC regarding the opening of an investigation. During this time, a series of interviews will take place. Not only will they be interviewed, but the OPMC may also interview past employees, coworkers, and patients of the professional. Throughout the interviews, the board will ask a variety of questions regarding the accusation of misconduct that may have taken place.
Once the interviews are done, the OPMC will review the situation and come to a conclusion regarding the individual’s place in medicine. If they believe the medical professional is guilty of misconduct, it can result in certain consequences. These can vary depending on what the board feels is fit for the acts that were committed. For example, a penalty can be something as small as a letter of reprimand, a censure letter of reprimand, or probation. However, they can also be as serious as the individual losing their medical license.
Appealing an OPMC Decision
Appealing a decision of the OPMC is not an easy task. In order to do so, the first step is to file an appeal with the board. Once received, an appeal hearing can be conducted. During this time, the case is reviewed again with any additional remarks regarding the issue at hand. After the hearing occurs, the board comes to a final agreement within 45 days of the original appeal filing.
When discussing appeals, it is important to know that the director of the OPMC has the right to make an appeal as well. This means that if the board allows a medical professional to walk away from an investigation with no consequence, the director can disagree and file their own appeal regarding the matter.
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.
