How Do I Protect My License During a Malpractice Lawsuit?

Even the most reputable medical professionals, at some point in their career, may get hit with a medical malpractice lawsuit. No matter how illegitimate these accusations may be, you may still have to defend yourself and prove your case before a New York State civil court. In times like these, you may be glad you bought the “tail” of your Claims Made Medical Malpractice Insurance Policy. While this may help you financially, it may not protect your medical license. That said, please read on to discover how to ensure your medical license is safeguarded during your malpractice claim proceedings and how one of the seasoned New York health care professional defense lawyers at Walker Medical Law can help you maintain your right to continue practicing throughout.

What might happen to my medical license when I’m accused of malpractice?

In most scenarios, the New York State civil court may not take any action against your medical license in the middle of your malpractice case proceedings, before it makes its final judgment. However, this is unless the state Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) intervenes.

The plaintiff of this civil lawsuit may have also submitted a formal complaint with one of these Boards. This means that you may undergo separate Board investigations and Board hearings simultaneously. If, at any point, the Board believes you are an imminent threat to public safety, it may suspend your medical license to protect the public as your malpractice case proceedings, Board investigations, and Board hearings continue.

What other punishments may I be threatened with during my malpractice lawsuit?

To reiterate, the New York civil court does not have the authority to suspend or revoke your medical license, even if it finds you guilty of medical malpractice. Rather, it may impose punishments such as paying monetary damages to compensate the plaintiff, along with even punitive damages to deter you from participating in such malicious, reckless conduct again. That said, if such gross negligence or intent is discovered, the civil court may transfer your case to the criminal court, which may result in imprisonment, fines, and community service hours.

Again, neither the civil nor criminal court can touch your medical license, but its final judgment may heavily influence what the OPMC or OPD decides to do with it. That is, even if the plaintiff or prosecutor did not report you to the Board initially, your insurer or hospital employer may be required to notify them of the outcome of your malpractice case. This may be enough to trigger a Board investigation and hearing. So, from the get-go, you must do everything in your power to prove you are not at fault or not guilty of the behavior or actions you are being accused of.

We understand that you may not want to deal with any of this right now, but it must be addressed for the sake of your emotional, financial, and professional well-being. So please allow one of the competent New York healthcare professional defense lawyers from Walker Medical Law to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.