When an individual believes as though 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 question that commonly arises is regarding who is allowed to make a complaint about a medical professional, such as a physician or a nurse, to the Office of Professional Medical Conduct. Anyone who observes behavior that can be considered misconduct is permitted to submit a complaint to the Board. 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.
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
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 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.
If you have received a complaint letter from the OPMC, it is important to consult with an experienced attorney as soon as possible.
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.