What isn’t considered misconduct?

One of the worst things that can happen to a medical professional is a situation in which someone files a complaint to the Office of Medical Professionals about them for misconduct. These complaints can be filed by patients, friends or family, other medical professionals, health facilities, or anyone else who witnesses or suspects the person in question is committing misconduct of some form or another. Some situations for which a person may want to file a complaint against a medical professional can include impairment due to drugs or alcohol, ordering unnecessary or excessive tests and treatments, abusing or harassing a patient, refusing medical care on a discriminatory basis, not protecting patient information, or even guaranteeing a cure.

It is important to be aware that not everything is considered professional misconduct. When a person files a complaint because they believe their physician or other medical professional violated the code of conduct, the claim will have to be investigated. Many times, it is nothing more than a misunderstanding or something that is not technically considered misconduct and the physician won’t be in jeopardy of facing suspension or losing their license to practice.

Some complaints that are commonly seen by the Office of Professional Medical Conduct but not considered misconduct include complaints about fees, long waiting times, rude office staff, or poor bedside manner. Those situations must be handled internally within the office. They will not be considered violations unless the rude language, for example, can actually be considered abuse or harassment.

If you have received a complaint regarding misconduct, you should consult with an experienced medical law attorney today.

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.