HOW TO SUCCESSFULLY RESOLVE OPMC AND OPD DISPUTES WITH A NON-DISCIPLINARY ADMINISTRATIVE WARNING

We recently resolved two issues for two separate clients with a non-disciplinary Administrative Warning, which was a very successful ending, in view of the fact that an Administrative Warning is not a disciplinary action and is, accordingly, not posted on the OPMC (Office of Professional Medical Conduct) or OPD (Office of Professional Discipline) websites, and is also not reported to the NPDB (National Practitioner Data Bank). In fact, if asked if there has ever been disciplinary action taken against his/her license, the licensee can correctly answer the question, “no.”

These matters were completely different in their subject matter. One was a claim of sexual contact with a former patient, and the other was a claim of theft of medical supplies from a medical facility for personal use, which resulted in a termination of employment. Interviews with our clients were held in both of these matters, and both cases were, obviously, serious in nature, and could have resulted in some type of disciplinary action that would have been very detrimental to our clients’ careers.

We invested a great deal of time preparing the defense of both clients, including preparing them for expected questioning at the interview and reviewing each text message, email, and written correspondence so that the clients understood exactly what facts were favorable and which were not. In the end, the Administrative Warning terminated the matter and our clients can move on without having a possible career-threatening resolution and without having to roll the dice at an Administrative Hearing.

Please note that, obviously, not all matters end in this fashion, but you and your lawyer must prepare for every question and have the data, with logical inferences, to back up your position in the matter. You want to avoid an Administrative Hearing if possible, but you want to do so without any harm being done to your license and career by a disciplinary action that is posted for all to see. That result was obtained in these two cases, much to the relief of our clients.

For further questions or if you need help, contact our firm today.