Reviewed by Paul E. Walker
An OPMC attorney is someone who deals with OPMC, being the Office of Professional Medical Conduct, which governs the practice of physicians and can take their licenses from them. In another field, it’s the Office of Professional Discipline with the State Education Department, where they deal with all other licensed practitioners such as nurses and dentists, etc. People who do what I do, lawyers who do what I do, deal with these people all the time and understand the consequences and the seriousness of the acts that are charged. They know how to tell the clients to talk at an interview, how to explain things, and how to investigate and find out what really did go on. What can I say? I have to make sure I’m not going to lie in this investigation because lying at an interview is something that will really get you in trouble because the Office of Professional Medical Conduct probably already knows the truth, and lying about it will get you nothing but more heartache.
What Happens When You Hire an OPMC Attorney
When someone comes to me, I sit down with them, and I try to make it as reasonable as possible as to what is going to happen. Do we have to sign a consent order? Do we have to agree to some sort of punishment? In fact, can we get out of this completely? Is there a reasonable explanation for what went on? I sometimes bring expert reports from other doctors saying that what was done was perfectly reasonable. Other documents come into play, too numerous to talk about here, but suffice it to say you have to have someone who knows how to get those documents, how to present them, how to interpret them, and to make them help you.
Why Experience With These Offices Matters
Sometimes OPMC doesn’t give you a choice, and they make you go to a hearing. The only choice they are giving you is to surrender your license. In that situation, you will proceed to the hearing and take your chances. Experience is important. What is also important is the relationship the OPMC lawyer has with the attorneys at OPMC. I’ve dealt with them for at least 15-20 years. I know most of the people down there, and I try my very best to stay on good terms with them. I understand what they’re trying to do, and they understand what I’m trying to do. I think that it helps my clients in the long run to get the best possible result.
How to Prepare for Your First Consultation
The first meeting will establish the tone for everything that follows, and a client who prepares will generally get more out of the meeting. As such, you should bring:
- The notice, complaint, or letter that brought you here, along with anything else you have received from OPMC, OPD, your employer, or a patient’s attorney.
- Your written notes on the sequence of events, written while the details are fresh.
- Relevant records: charts, correspondence, personnel documents, insurance papers, and any prior disciplinary history.
- A list of people who witnessed the events or can speak to your character and practice.
- Your questions, including what outcomes are realistic, how long it will take, and how fees work.
When You May Need More Than One Lawyer
Some matters proceed on two separate tracks at the same time. If the conduct involved is potentially criminal, like drug charges or insurance fraud, you may require criminal defense representation in addition to your license defense lawyer, as what happens in one proceeding can impact the other.
However, if the allegation is purely a licensing matter, like an alcohol issue that did not break a law, one lawyer is typically enough. A license defense attorney can help determine what situation you are in.
Contact an Experienced New York Professional Defense Firm
Walker Medical Law honorably serves the greater New York area, representing physicians and other medical providers facing legal and license issues. If you need our assistance for your legal matter, contact our New York office for a consultation.