When you were sworn in to become a practicing physician in the New York State medical community, you must have taken the Hippocratic Oath. This oath included promises that you would prioritize the health and well-being of patients; respect the dignity and autonomy of patients; not use medical knowledge to violate human rights; respect the rights and decisions of patients; and more. This is why being accused of discriminating against a patient or a group of patients is a serious implication. With that being said, please read on to discover what happens if you are accused of discrimination as a doctor and how one of the seasoned New York physician defense lawyers at Walker Medical Law can help you avoid any potential legal implications.
What are the laws against discrimination in medicine?
You should know that certain federal laws protect against discriminatory behaviors and actions within the medical field. Namely, Section 1557 of the Affordable Care Act prohibits health care providers, health insurance providers, and health insurance marketplaces that receive federal funds from discriminating against patients based on race, color, national origin, sex, age, or disability. Similarly, Section 1908 of the Public Health Service Act bars programs, services, and activities funded by Preventative Health and Health Services from discriminating on the basis of any of the aforementioned protected classes, plus pregnancy, sexual orientation, and gender identity. Therefore, if you are a doctor who practices medicine at a doctor’s office or hospital that gets such funding, these federal laws apply to you.
What happens if I’m accused of discrimination as a doctor?
If a patient believes that they have been made a victim of discrimination while under your care, they may take legal steps against you. For one, they may file a civil lawsuit against you and seek to recover the economic and non-economic damages they allegedly incurred. They may even go as far as filing a formal complaint with the New York State Department of Health’s Office of Medical Conduct (OPMC) or Office of Professional Discipline (OPD). To follow may be a serious investigation, a hearing, and an ultimate letter of reprimand or medical license suspension and revocation. This is not to mention the investigation your employer may conduct against you, which may result in your loss of employment.
This is why, as soon as you get word that a former patient of yours is alleging discrimination, you must begin collecting evidence that proves otherwise. This may entail detailed records of your interactions with the patient, witness testimonies by individuals who saw these interactions firsthand, and much more. In conclusion, for more information on if and when to defend yourself legally, please don’t hesitate to contact one of the competent New York physician defense lawyers from Walker Medical Law. We look forward to hearing from you and later on helping you.
