Reviewed by Paul E. Walker
Key Takeaways
- Anyone can file: Patients, relatives, and colleagues can report, and health professionals and facilities must.
- One complaint is enough: OPMC reviews every complaint, and no patient injury is required.
- Some issues fall outside OPMC: Fee disputes, bedside manner, and wait times generally are not misconduct.
When an individual believes that a medical professional is not meeting the standard of care or is in some way deviating from the conduct they are expected to meet, they may file a complaint with the Office of Professional Medical Conduct. The OPMC is responsible for investigating any and all complaints made regarding medical professionals who violate the rules of conduct.
Who Can Make Complaints to the OPMC?
One of the most common questions that arise is regarding who is eligible to make a complaint about a medical professional, like a physician or physician assistant, to the Office of Professional Medical Conduct. Nurses and most other professionals proceed through the State Education Department.
Anyone who observes behavior that can be considered misconduct is permitted to submit a complaint to the OPMC. The OPMC will then investigate the claims made against the physician and determine what the next steps should be, including whether the medical professional should be able to continue practicing medicine at all.
Health professionals and facilities are required to report suspected misconduct in accordance with Public Health Law § 230; good-faith reporters are protected from civil liability. OPMC will keep complainants’ names confidential.
In 2016, the majority of the complaints that were made to the OPMC came from the public. This accounted for 47 percent of all complaints received. The other sources that made complaints include the following:
- 16 percent from the Physician Profile
- 12 percent from the Government
- 9 percent from insurers
- 8 percent from out of state sources
- 5 percent from medical malpractice claims
- 3 percent from providers
- 0.1 percent from others
More recently, OPMC’s 2023 annual report shows 8,588 complaints, about half from the public. See our OPMC annual statistics page for more.
What Types of Misconduct Are Most Common?
One of the other common questions that are asked regarding the OPMC is about the types of misconduct that are investigated. In 2016, there were 106 final actions regarding inappropriate prescribing of medication, 71 actions regarding fraud, 75 instances of negligence or incompetence, 43 instances of impairment, 20 instances of sexual misconduct, 15 Board order violations, and 91 other various actions.
Does It Take More Than One Complaint to Start an Investigation?
No. OPMC must review every complaint, and one that raises possible misconduct is enough. Complaints about fees (unless fraudulent), bedside manner, or wait times generally fall outside its authority.
Does a Patient Need to Sustain Injury to File a Complaint?
No. While a malpractice suit requires injury, complaints founded on misconduct do not. In accordance with Education Law § 6530, harassing a patient, revealing patient information, or failing to keep records may all constitute misconduct.
If you have received a complaint letter from the OPMC, it is important to consult with an experienced attorney as soon as possible.
Contact an Experienced New York OPMC Lawyer Today
If you are a medical professional facing accusations of misconduct, it is imperative to understand that you do not have to navigate this process alone. As such, it is in your best interest to connect with an experienced New York medical law attorney with Walker Medical Law. If you need assistance, please do not hesitate to contact our firm today.
