If you are a physician who did not buy the “tail” of your Claims Made Medical Malpractice Insurance Policy, you may be panicking if you have received a letter stating that you are under investigation. Physicians deserve the freedom and respect to do their jobs to the utmost of their ability, so if you are under investigation and believe you are wrongly accused, you must hire an experienced attorney today. If this is happening to you, here are some of the questions you may have:
What are the different types of medical misconduct?
If you have received a letter from the OPMC stating they are going to investigate your behavior, there are several possible accusations you could be facing. You may receive one of these letters from the OPMC if a third party filed a complaint about your behavior. Some of the most common OPMC allegations that result in investigations are:
- Substance abuse
- Billing fraud
- Medical malpractice
- Insurance fraud
- Inappropriate sexual relations
If you receive one of these letters, the best thing you can do is hire a medical defense attorney as soon as you possibly can, as you may be able to resolve this matter in a relatively painless manner.
What happens if I am an uninsured physician and am under investigation in New York State?
If you did not buy the “tail” of your Claims Made Medical Malpractice Insurance Policy, you must enlist legal counsel to defend you in a medical malpractice lawsuit. In this situation, you may have to pay all legal bills, the expenses of the depositions, the expenses of the experts, and any other excess expenses for the case. Additionally, you may have to settle a case, which can require settlement money out of your pocket.
What if I am a retired physician?
Unfortunately, if you are a physician, you may be held liable even after you retire. If this should happen to you, you must send papers to your former insurance carrier. The carrier may have to provide defense, even if you did not provide the tail end of your insurance. While there are some cases where the insurance company may settle the case on your behalf, you may also be liable to repay the insurance company for their coverage. If you find yourself in this situation, you should seek legal representation immediately.
Contact our experienced New York firm
When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. 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.