What Consequences Can I Face for Medical Misconduct in New York?

When a medical professional participates in misconduct, they can be held responsible for their actions. Complaints that are filed against medical professionals will result in an investigation. This exists in order to determine if the complaint is valid. Once a decision is met, the findings will be discussed with the committee and the professional. When a decision is made, the Board can decide a punishment that is suitable for the medical professional depending on the severity of the misconduct. If you are facing an investigation for misconduct, it is crucial that you contact a skilled New York medical defense attorney today for help.

Types of Misconduct

After a complaint is filed, the Office of Professional Medical Conduct (OPMC) will send a letter to the professional that is accused of misconduct. When an investigation begins, it calls the individual’s ethics as well as their entire practice into consideration. This includes their career, how they practice medicine, how they interact with patients, and more. There are various actions that can be seen as misconduct in the medical field. This can include but is not limited to the following:

  • Substance abuse
  • Billing fraud
  • Insurance fraud
  • Sexual misconduct
  • Other unlawful actions, such as issuing unnecessary opioid prescriptions

Consequences

Medical professionals are held to a high standard in their field due to its importance. It is because of this that when they make mistakes and commit misconduct, they can face severe consequences as a result. This can vary depending on the type of misconduct they committed, however, it is important to know that their license may be at stake. For example, if the board believes the individual can redeem themselves through rehabilitation, it can result in a total license suspension, partial suspension, or just a license limitation. A limitation can allow them to only practice medicine in a specified area. During a license suspension, they may be required to complete training, rehabilitation, or community service.

In the event that the Board believes the medical professional cannot be rehabilitated and does not trust them to practice medicine again, their license may be revoked. When this happens, they are unable to practice medicine at all. However, there are situations in which a license can be restored. This can be very difficult to accomplish, which is why it is important to retain the services of an experienced medical defense attorney during this time. 

Contact our Firm

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.