The New York State Department of Health’s Office of Professional Medical Conduct (OPMC) receives thousands of medical misconduct complaints from the public, healthcare professionals, and healthcare institutions each year. They have a procedure in place to effectively weed out any complaints that lack foundation or those regarding issues outside their jurisdiction. Unfortunately, there may be a medical misconduct allegation made against you that the OPMC must investigate further. In that case, please continue reading to learn the types of medical misconduct offenses that could get you in trouble with the OPMC and how one of the experienced OPMC/OPD misconduct defense lawyers at Walker Medical Law can come to your defense during this critical time.
What are the types of medical misconduct offenses the OPMC deals with?
To reiterate, the OPMC is in charge of handling a specified scope of medical misconduct offenses alleged to have happened within the New York State healthcare system. So, you may find yourself dealing with the OPMC if you are accused of any one of the following offenses:
- Practicing negligently: This is if you allegedly failed to provide adequate treatment for a patient that is not on par with the standard set by the New York State medical community.
- Practicing while impaired: This is if you allegedly directly interact with a patient and otherwise practice medicine while you are under the influence of drugs or alcohol.
- Filing a false report: This is if you allegedly write inaccurate information in a patient’s medical records and billing, likely in an attempt to commit insurance fraud.
- Ordering excessive testing: This is if you allegedly order excessive tests or treatments unwarranted by a patient’s condition, likely in an attempt to commit billing fraud.
- Discriminating against a patient: This is if you allegedly abandon, neglect, or refuse to provide treatment to a patient due to their protected class (i.e., race, religion, etc).
Are these medical misconduct offenses considered criminal acts?
If the OPMC finds you guilty of any of the above medical misconduct offenses, they may have their own set of punishments to inflict on you. Mainly, you may be up against the threat of having your medical license temporarily suspended or permanently revoked. But some of these offenses are also considered criminal acts per New York State criminal law. With this, the OPMC may be obligated to pass your case to a criminal court. Here, you may face additional consequences, such as the potential of serving jail time and paying hefty fines. Lastly, though, the harmed patient or their family may have the right to come forward and file a civil claim against you. If they make a valid case, a civil court may order you to pay compensatory damages and more.
In conclusion, if you find yourself in need of legal aid, look no further than one of the skilled OPMC/OPD misconduct defense lawyers. Whether you simply have a legal question or require legal representation in an upcoming court case, our team at Walker Medical Law is willing to help out. Please pick up the phone and call us today.
