Medical professionals are highly trusted individuals. This is why if they partake in misconduct, they can be held liable for their actions. When a complaint is filed against a physician for misconduct, an investigation will take place to determine if the complaint is true. In the event of this, the physician must attend the hearing where a committee will discuss the findings of the investigation. Once this is decided, the board can decide to punish the professional for the actions they committed. These consequences may vary depending on the severity of the misconduct.
Types of Misconduct
When a physician receives a letter from the Office of Professional Medical Conduct (OPMC), it is never a good thing. This means they are being investigated for an accusation that violates their moral code. There are many actions a professional may commit that is seen as misconduct. This can include but is not limited to:
- Substance abuse
- Billing fraud
- Insurance fraud
- Sexual misconduct
- Other unlawful actions, such as issuing unnecessary opioid prescriptions
When the physician is accused, the investigation will begin. This looks into the medical professional’s career, including how they practice medicine and interact with their patients.
If a physician is found guilty of the act they are accused of, they can face serious consequences for their actions. They may be subject to several penalties on their license depending on the type of misconduct they took part in. In some cases, the board may believe the individual can redeem themselves through rehabilitation. This may involve a total suspension of their license or just a partial suspension. Another option may include a license limitation that allows them to only practice a specified area of medicine. If a physician has their license suspended, they may need to take a course or complete certain training or rehabilitation. In addition to this, the professional could be required to complete hundreds of hours of community service or hefty fines.
There are other cases in which the board believes the physician cannot be trusted to ever practice medicine again. When this happens, they make have their license revoked. This means they are no longer able to practice medicine at all. In these situations, it is possible to have a license restored. This can be very difficult to do, which is why it is crucial to have the assistance of an experienced attorney.
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.