How Do I Prepare for an OPMC Investigation?

It is rarely a good thing to be contacted by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). Usually, this outreach is to inform you that a medical misconduct complaint has been filed against you and subsequent investigations are to commence soon. Even though this investigation may mean your medical license is being threatened, you must try your best to remain calm. Read on to discover how to prepare for an OPMC investigation against you and how a seasoned OPMC/OPD misconduct defense lawyer at Walker Medical Law can serve as your legal representative at this time.

How do I prepare for an OPMC investigation made against me?

You must understand that the OPMC is expected to investigate every single medical misconduct complaint filed with its office. This is regardless of whether or not the complaint was made anonymously; and regardless of who the complaint was directed towards (i.e., a physician, a physician assistant, or a specialist assistant).

This is to say that, even if you believe the complaint against you has no solid grounds, it is better to just cooperate during the investigation process. That is, you should go along with whatever the OPMC investigators ask of you. This may entail collecting and submitting requested copies of the medical charts for the patients involved. With this, it is not worth arguing that doing so violates patient confidentiality or the Health Insurance Portability and Accountability Act (HIPAA).

To reiterate, the OPMC investigators are simply exercising their right to explore the complaint. So a failure to cooperate at this time may, in and of itself, be considered an act of misconduct.

Why should I retain legal representation before an OPMC investigation?

Further, you must understand there is a difference between cooperating with the OPMC investigators and surrendering your legal rights to them. Specifically, you should not let an investigator convince you that you do not need a legal representative present during your talks with them. Even if you think you have nothing to worry about, you should seek legal counsel before saying anything to an investigator.

For one, this is so you may avoid accidentally or wrongly incriminating yourself when sharing “your side of the story.” Or, this is so you do not accidentally or wrongly agree to things beyond the realm of the investigator’s rights. A common example of this is that an investigator cannot and should not conduct random audits on patient charts beyond those involved in the initial complaint. All in all, a legal representative may do nothing but shine a brighter light on your innocence in the matter at hand.

The time to act is now. So please pick up the phone and call a competent OPMC/OPD misconduct defense lawyer from Walker Medical Law. We look forward to hearing from you.