After being interviewed by investigators from the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) on suspicion of medical misconduct, they may inform the Board that a subsequent hearing is warranted. Getting notice of an upcoming hearing is stressful enough. But the pressure may especially be on if you can not find any eyewitness who is willing to testify on your behalf. At this point, you may question whether you even have a case to defend yourself, or if you should succumb to admitting guilt for medical misconduct. If you cannot seem to obtain witness testimony for your upcoming OPMC hearing, please follow along to find out how one of the proficient New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law can help strengthen your defense through any means necessary.
How might witness testimony strengthen my credibility in my OPMC matter?
It is definitely useful to have witnesses testify on your behalf before the OPMC Board to add context to the matter at hand. For example, a supervisor may explain standard workflow conditions that clarify how the incident came about in the first place. Or, a colleague may speak of the specific interactions they witnessed between you and a patient (i.e., the party who was allegedly a victim of medical misconduct). Lastly, a staff member at your place of employment may describe your institution’s policies and how your actions closely align with these standards.
What should I do if I can’t find witness testimony for my OPMC Board hearing?
To reiterate, witness testimony may be an effective way to shut down accusations of negligence by establishing that your medical conduct was reasonable given the circumstances you were seen to be put under. However, it is not the end of the world, so to speak, if you cannot acquire any individuals to testify on your behalf. This happens in OPMC Board hearings more often than you may realize. After all, individuals may be fearful that their testimony will cause them conflict with their supervisor or coworkers, result in workplace retaliation, or go against their workplace’s internal policies.
Rest assured, the OPMC Board does not require witnesses to testify to move the hearing along, as these proceedings do not function like a traditional courtroom trial. In other words, rather than being witness-driven, your hearing may primarily be evidence-driven. This is to say that there are many other viable options for defending your case. Just to name a few, you may submit tangible documents like a patient’s chart, treatment and progress notes, diagnostic and prescription orders, lab and medical examination results, signed consent forms, referral documents, scheduling and communication logs, and more.
Even further, your lawyer may assist you in hiring a medical expert to join your team and offer their testimony. Here, they may review all your submitted evidence and provide the OPMC Board with their expert opinion on whether your medical conduct was within the scope of the state’s accepted standards of care.
That said, if you wish to explore your legal options moving forward, please allow one of the talented New York City OPMC/OPD misconduct defense lawyers from Walker Medical Law to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.
