You may be in trouble with the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) if your patient, colleague, or employer accuses you of medical misconduct. At the same time, you may also be in trouble with the New York State criminal laws and subsequently have to face the criminal court in trial proceedings. Continue reading to learn whether medical misconduct is considered a criminal act and how one of the experienced New York physician defense lawyers at Walker Medical Law can work on getting you a not-guilty verdict.
Under what circumstances is medical misconduct considered to be a criminal act?
Oftentimes, acts of medical misconduct walk the line of being considered civil or criminal offenses. Generally speaking, an act of medical misconduct may warrant a criminal charge if negligence exists. Without further ado, you may be tried in the presence of a New York State criminal court if you are being sued for any of the below actions:
- A patient, colleague, or employer pursues legal action against you for allegedly practicing a field of medicine you are not licensed for (i.e., performing a procedure you have never trained for).
- A patient, colleague, or employer pursues legal action against you for allegedly committing healthcare fraud (i.e., getting a kickback from a manufacturer when prescribing a certain drug).
- A patient, colleague, or employer pursues legal action against you for allegedly, intentionally harming a patient (i.e., refusing treatment to a patient in an emergency situation).
- A patient, colleague, or employer pursues legal action against you for allegedly practicing medicine with negligence (i.e., performing surgery while intoxicated).
What are the penalties for being found guilty of medical misconduct?
If you are found guilty of medical misconduct by a New York State criminal court, you may be sentenced to some jail time. But more likely, you may only be ordered to probation or community service. And if your medical misconduct case takes place in a civil court instead, your punishment may consist of paying statutory and punitive damages to the plaintiff.
This is not to mention the penalties the OPMC or OPD may place against you. That is, after an investigation is conducted and a hearing is executed, the Board may order for the immediate suspension or revocation of your medical license. At the very least, they may sentence you to high fines, mandatory attendance at Continuing Medical Education courses, and much more.
In a way, the best thing you can do to help yourself is to allow one of the skilled New York physician defense lawyers to help you. So please, as soon as you are ready, get in touch with us at Walker Medical Law.
