OPMC Complaint vs. Civil Complaint | What is the Difference?

The Office of Professional Medical Conduct, otherwise known as the OPMC, is a branch of the Department of Health of the State of New York. More specifically, they are responsible for investigating and judging complaints made by the public, health care professionals, or institutions against medical professionals. Notably, they receive thousands of complaints that they are to investigate and judge each year. But there is also such a thing as a civil complaint. Follow along to find out the difference between an OPMC complaint and a civil complaint and how an attorney from Walker Medical Law, who is proficient in OPMC/OPD misconduct defense, can help you.

What is considered an OPMC complaint?

If a patient, health care professional, or institution believes that they have been wronged by you, then they may accuse you of medical malpractice and file an OPMC complaint against you. This complaint can regard any of the following issues:

  • Allegations of sexual misconduct.
  • Allegations of substance abuse.
  • Allegations of billing fraud.
  • Allegations of insurance fraud.

Once the OPMC receives this complaint, they will examine the circumstance surrounding your case and determine whether this complaint is valid. Importantly, to help them in doing so, they may interview your past and present patients and/or past and present employees to get more information about your practicing history.

What is considered a civil complaint?

There are certain circumstances in which a patient, health care professional, or institution may wish to file a civil complaint instead of an OPMC complaint.

With a civil complaint, the party is suing you, with the aid of an attorney, on the grounds of medical malpractice so as to receive financial compensation. In other words, this type of complaint may be preferred if the party wishes to recover compensation for the cost of any damages they may have incurred as a result of the alleged negligence.

However, this is not to say that a civil complaint does not often extend to additional disciplinary action from the OPMC.

What should I do if I receive an OPMC complaint or civil complaint?

First, you should confirm whether or not you ever purchased a rider to your medical malpractice insurance policy. If you do have one, then this may help you cover the legal fees that will undoubtedly come with the investigation and trial against you.

Second, it is pivotal that you retain the services of a talented healthcare misconduct defense attorney. This is because, with an OPMC investigation, you will be at risk of losing your medical license. So, such complaints should be taken seriously.

If you have any further questions as to what you may be facing, pick up the phone and consult with one of our attorneys today.