As a physician, there is nothing that can derail quite like a medical misconduct case placed against you. A guilty verdict may lead to a plethora of consequences, the most detrimental one being the inability to practice medicine in New York State. This is why you must take any misconduct claim seriously, regardless of its supposed magnitude. Continue reading to learn what possible defenses you can take in your medical misconduct case and how one of the experienced New York physician defense lawyers at Walker Medical Law can help you build a valid argument.
Why am I facing a medical misconduct case?
You may be facing a medical misconduct case in the first place because a patient, colleague, or employer reported you to the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). They may have filed this complaint because they believe the following circumstances to be true:
- They believe that you owed a patient a duty of care.
- They believe that you breached your duty of care by providing treatment below the standard established by the New York medical community.
- They believe that your inadequate treatment directly caused a patient to suffer further illness, injury, and/or damages.
What possible defenses can I take in my medical misconduct case?
For the sake of your medical license, you must do everything in your power to defend against the medical misconduct claim placed against you. This is especially necessary if this is a baseless, false accusation. More specifically, in your OPMC hearing, you may attempt to make one or several of the following defenses in the presence of the Board:
- You may argue that a patient did not provide a full or accurate account of their medical history before a procedure.
- You may argue that a patient was non-compliant with your medical instructions after a procedure.
- You may argue that a patient gave informed consent to the risks of a procedure; and therefore they had assumed the risk of the possible side effects they are now experiencing.
- You may argue that a patient’s illness, injury, and/or damages were not sustained due to a mistake you made during a procedure; but rather due to natural consequences beyond your control, their pre-existing health conditions, or otherwise.
It is worth mentioning that you should provide evidence that supports these aforementioned arguments. Otherwise, it will turn into a case of “your word against theirs,” and you do not want to be easily outnumbered.
So, in regard to your medical misconduct case, there is no time like the present to get started on your defense. Please reach out to one of the skilled New York physician defense lawyers from Walker Medical Law at your earliest possible convenience.