Your former patient filing a medical misconduct legal claim against you may draw the attention of the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD). With this, the OPMC or OPD may investigate you and summon you to a hearing. Ultimately, the Board may decide to revoke your medical license. So before it gets to this point, you must do everything possible to defend against this claim in your legal proceedings and OPMC or OPD hearing. Further, you may require substantial proof to back up your arguments. So please continue reading to learn what evidence you need to defend against a medical misconduct claim and how one of the experienced New York physician defense lawyers at Walker Medical Law can help you build a solid argument.
What evidence do I need to defend against a medical misconduct claim?
In your medical misconduct legal claim proceedings and OPMC or OPD hearing, you do not want your defense to be your word against that of the plaintiff. Rather, may want to bring forward enough evidence to discredit the plaintiff’s claims effectively. More specific examples of the evidence you may want to gather are as follows:
- A copy of the patient’s chart you kept on file in your office.
- A copy of the patient’s laboratory reports you kept on file in your office.
- Copies of the prescription medications you have written up for your patient.
- A list of the confirmed appointments you scheduled and attended with the patient.
- Written testimonies from your colleagues and employer that deny you committed misconduct.
What arguments can I make to defend against a medical misconduct claim?
Now, the evidence you bring forward must prove a point. That is, it may be used to support any of the following arguments you make in your defense:
- You may argue that Good Samaritan Law protects you after providing emergency medical care to someone you have no legal responsibility toward (i.e., no pre-existing physician-patient relationship).
- You may argue that you deviated from commonly-used treatment methods for your patient but a substantial minority of other physicians would support your decisions.
- You may argue that there was no standard of care violation and rather you made acceptable choices when diagnosing or treating your patient.
- You may argue that you disclosed the risk factors to the patient before your treatment and they gave their oral and written consent to it.
- You may argue that the patient’s pain and suffering are a product of their illness or injury rather than your performed treatment.
Contact one of the skilled New York physician defense lawyers to gain the emotional and legal support you require during this pivotal time. Our team at Walker Medical Law looks forward to helping you.