In order to practice medicine, physicians educate themselves and train for a long time. It is because of this that when they are accused of misconduct, the allegations are taken very seriously. If found guilty, the physician could possibly lose their license and not be able to practice medicine further. These situations can be very stressful for a physician, especially if they do not have the proper insurance. When facing these matters, be sure to retain the services of an experienced New York medical defense attorney who can help protect your future.
What is Medical Misconduct?
Physicians who are accused of misconduct will receive a letter from the Office of Professional Medical Conduct (OPMC). This states that they will conduct an investigation into the physician’s behavior regarding the act they were accused of. There are a variety of actions that are considered misconduct. This can include but are not limited to:
- Substance abuse
- Billing fraud
- Medical malpractice
- Insurance fraud
- Inappropriate sexual relations
What Do I Do if I’m Uninsured?
If a physician wants to be insured, they must purchase the “tail” of their Claims Made Medical Malpractice Insurance Policy. This provides them with insurance in the event that a claim is brought after a claims-made insurance policy is terminated. These policies give coverage for claims against physicians. If they do not purchase tail coverage, it is even more crucial for an attorney to defend their case. This is because, if they are proven to be guilty of misconduct, the physician will be required to pay all legal bills, deposition expenses, expert expenses, and other additional case expenses. They may also need to settle the case and pay the settlement out of their own pocket instead.
What Do I Do if I’m a Retired Physician?
Retired physicians can still be held accountable for misconduct even after they are no longer working. When this happens, they must send the case information to their former insurance carrier. Sometimes, the carrier may be required to provide defense, even if the individual did not have the tail end of their insurance. While some cases may be settled by the insurance company, they may also be required to repay the company for the coverage they received. Those in these situations should retain the services of an 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.
