How Do I Defend Against a Medical Misconduct Claim?

It will be an unfortunate day if your former or current patient ever makes a medical misconduct claim against you. This may draw the attention of the New York Department of Health’s Office of Professional Medical Conduct (OPMC). You must do everything in your power to defend against this claim, especially if you believe it to be completely unwarranted. Read on to discover what claims you can make to defend against a medical misconduct claim and how one of the seasoned OPMC/OPD misconduct defense lawyers at Walker Medical Law can build a strong argument on your behalf.

What claims can I make to defend against a medical misconduct claim?

There are rare occasions in which a patient’s grounds for a medical misconduct claim are unfounded. Without further ado, you may use any of the following arguments for your defense:

  • You may argue that the patient’s injury was an avoidable consequence, and there their behavior went directly against your orders.
  • You may argue that you demonstrated the standard of care, and therefore your patient would have experienced their injuries regardless of your actions.
  • You may argue that the patient did not fulfill their burden of proof, and therefore there is an insufficient amount of evidence to support their claim against you.
  • You may argue the substantial minority principle, and therefore your method was practiced by enough respected physicians to be an adequate form of treatment.
  • You may argue assumed risk, and therefore you gave your patient as much information as possible on their options and the risks of their treatment.

How can a misconduct defense lawyer assist me?

With a medical misconduct claim against you comes a hearing in the presence of an OPMC committee. Though it is pivotal that you defend yourself at your OPMC hearing, it is equally important to remain truthful in your arguments. This is because OPMC investigators may have already obtained a great deal of information from your past, along with having interviewed your former and current patients, colleagues, and employers. You must also bring enough supporting evidence to back up these arguments. This is because OPMC physicians may be relentless in questioning your background and the matter at hand.

For these reasons alone, you must retain the services of a proficient OPMC misconduct defense lawyer to work in your favor. We will work restlessly to develop a comprehensive plan to present your side of any issue to the OPMC hearing committee.

The bottom line is that, if your license to practice medicine is being threatened, then you need one of the competent OPMC/OPD misconduct defense lawyers in your corner. Contact or send a message to Walker Medical Law today. We look forward to hearing from you.