One of the most significant personal goals you should hold throughout your career as a practicing medical professional is to avoid any intervention by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD). This is because an investigation, trial, and subsequent disciplinary action by the OPMC or OPD may have seriously negative impacts on you and your medical career as you know it. Continue reading to learn the potential penalties for a medical misconduct charge and how an experienced OPMC/OPD misconduct defense lawyer at Walker Medical Law can help ward off these consequences.
What are the potential penalties for a medical misconduct charge?
Well, first, the OPMC or OPD investigation committee may uncover sufficient evidence to suggest that you have committed medical misconduct. Then, the OPMC or OPD hearing committee may rule that you are indeed guilty of medical misconduct and determine if a penalty or penalties are warranted. Specifically, they may hold the authority to take any of the following actions against you:
- The OPMC or OPD may order the permanent revocation of your medical license.
- The OPMC or OPD may order the temporary suspension of your medical license, perhaps until you complete retraining, education, or rehabilitation.
- The OPMC or OPD may order you to probation, where you must succumb to random reviews of patient records, employment monitoring or chaperoning, etc.
- The OPMC or OPD may order you to attend certain mandatory retraining, education, or rehabilitation courses.
- The OPMC or OPD may order you to pay a fine of up to $10,000 for each medical misconduct offense found.
- The OPMC or OPD may order you to complete mandatory community service of up to 500 hours.
- The OPMC or OPD may administer a censure and reprimand (i.e., a severe warning).
What are the other potential consequences of a guilty verdict?
Your medical misconduct case may be kept confidential if it is ongoing, dismissed, or closed. However, you must understand that if the OPMC or OPD hearing committee reaches a guilty verdict and places penalties against you, this may be made public information. Specifically, it may be disclosed to the National Practioner Data Bank and reflected on your Physician Profile on the Department of Health’s website.
Evidently, your medical misconduct charge going public may receive employment in New York State, once your medical license gets reinstated. And even if you can maintain your current employment status, prospective patients may grow hesitant to go under your direct care. This is all to say that, sadly, a guilty verdict may tarnish your reputation within the New York medical community. For this reason alone, you must fiercely fight against these accusations from their onset.
In conclusion, you must not second-guess your decision to retain the services of a skilled OPMC/OPD misconduct defense lawyer. This is because we can guarantee someone at Walker Medical Law can guide you through every step of the way.
