As a practicing medical professional, likely the last thing you want is to be contacted by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). This is because such contact likely has to do with a patient, colleague, or employer complaining about your alleged participation in a medical misconduct incident. This may prompt an investigation, a hearing, and ultimately, the possibility of disciplinary action as far as a medical license revocation. Continue reading to learn what factors affect a decision to take disciplinary action and how one of the experienced OPMC/OPD misconduct defense lawyers at Walker Medical Law can work to promote a positive outcome.
What factors affect an OPMC decision to take disciplinary action?
The OPMC has the legal authority to discipline medical professionals who have exhibited incompetence, negligence, or moral unfitness while practicing. Therefore, the OPMC may find you guilty if it unearths sufficient evidence of any of the following forms of medical misconduct:
- You were found to be impaired by alcohol or drugs while practicing.
- You were found to be participating in inappropriate sexual contact with a patient.
- You were found to refuse medical care to a patient due to their race, color, religion, etc.
- You were found to prescribe drugs to a patient without ordering the necessary laboratory tests.
- You were found to ignore a patient’s complaints and leave their illness or injury undiagnosed for too long.
Further, depending on the extremity of any of the forms of medical misconduct mentioned above, the OPMC may decide to take any of the below disciplinary actions against you:
- You may have your medical license revoked.
- You may have your medical license limited to a specified area.
- You may have your medical license suspended for a fixed period.
- You may have your medical license suspended until you complete retraining or rehabilitation.
- You may have a fine of up to $10,000 for each medical misconduct incident you were found guilty of.
- You may have an order to complete community service of up to 500 hours.
What chance do I have at appealing an OPMC decision?
More often than you may realize, the OPMC’s decision to take disciplinary action is based on a complete misunderstanding. If this is your case, you may have the opportunity to appeal the decision.
In your appeal hearing with the OPMC board, you and your lawyer must work together to present additional evidence that points to your innocence in the matter. If all goes well, the OPMC may overturn its decision within 45 days.
All in all, to have a fair decision made for you, turn to one of the skilled OPMC/OPD misconduct defense lawyers. Get in touch with us at Walker Medical Law as soon as you get a free chance.
