Say, for instance, that the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) conducts an investigation against you, a medical professional. And say that their ultimate ruling is that you are guilty of medical misconduct. In this case, you may want to fight back on this ruling and file for an appeal. Read on to discover what you can expect from an OPMC appeal and how a seasoned OPMC/OPD misconduct defense lawyer at Walker Medical Law can stand by your side throughout.
What is an OPMC appeal?
Simply put, an appeal is considered a request for the OPMC hearing committee to reevaluate their decision on a medical misconduct case and the associated penalties they deemed warranted. An appeal may be conducted by an Administrative Review Board composed of three physicians and two lay members.
You may find yourself having to file an appeal if your initial if your original hearing did not go according to plan. That is if the following events occurred:
- You are under the belief that you did not make an effective argument in one or more interviews with the OPMC.
- You are under the belief that your past and present employees, patients, and others involved in your medical practice made convincing statements in one or more interviews with the OPMC.
- You are under the belief that the OPMC obtained a great deal of negative information from your history as a practicing medical professional, but overlooked a lot of positive information.
- You are under the belief that the OPMC found you to be practicing below the appropriate standard of care throughout your medical practice.
- You received the notice that the OPMC found you guilty of medical misconduct.
What can I anticipate from this appeal?
You cannot stand idly by when you are wrongfully convicted of medical misconduct. Even more so, it is unacceptable to incur a letter of reprimand, probation, or revocation of your medical license if you believe that you are innocent.
Under these circumstances, it is pivotal that you file an appeal with the OPMC board. The outcome of this appeal may make or break the status of your livelihood, so you must properly prepare. With that being said, you must anticipate the following:
- You must anticipate receiving a notice from the OPMC board regarding your appeal hearing.
- You must anticipate having to submit new evidence to the OPMC board to argue your innocence.
- You must anticipate hearing back from the OPMC board on their final judgment within 45 days of your initial filing.
It should go without saying that you must consult with a competent OPMC/OPD misconduct defense lawyer immediately. Give us a call whenever you can. We look forward to it.