What Role Do Witnesses Play in an OPMC Investigation?

You may receive a letter from the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) to notify you that an investigation is being opened into your conduct while practicing medicine. If you do, you should expect to be subjected to an interview with an OPMC investigator. But also, you may expect your employer and colleagues to be called on for an interview. In a way, they may serve as your witnesses. That said, please read on to discover the role witnesses are expected to play in an OPMC investigation and how one of the seasoned OPMC/OPD misconduct defense lawyers at Walker Medical Law can offer representation during these proceedings.

What role are witnesses expected to play in an OPMC investigation?

First of all, you are likely being investigated by the OPMC because one of your current or former patients filed a complaint against you. Within this complaint, they may have cited a specific incident they were made a victim of, which they believe to be medical misconduct. Well, in this case, the OPMC may interview anyone who may have potentially witnessed this alleged incident of misconduct. Namely, your employer and colleagues may be the most likely witnesses of this event. Now, these interviews may work in your favor if they can testify that this event did not occur in the manner the patient has chronicled. They may even supply evidence that demonstrates your innocence within this situation.

You must not place undue influence on your employer and colleagues at this time. This is because, if this is unearthed later on, you may find yourself in deeper trouble with the OPMC than initially anticipated.

How can witnesses possibly participate in an OPMC hearing?

Unfortunately, in a worst-case scenario, your employer’s and coworkers’ interviews during your OPMC investigation may be a disservice to you. That is, if the interviews provide evidence that further supports your current or former patient’s allegation of medical misconduct, the OPMC may proceed with summoning you to a hearing. This hearing will take place in front of two physicians and a layperson. This Board may expect you to present your defense while also calling on witnesses to testify, whether it be for or against you. These witnesses may be the same ones interviewed during the investigation proceedings.

After these testimonies, along with other supporting evidence, the Board may conclude that you are indeed guilty of medical misconduct. This may mean that you are expected to part ways with your employer and colleagues, at least temporarily. This is because the Board may order for the temporary suspension, or worse, the permanent revocation, of your medical license. So, this may force you to step down from your current medical position held within the New York State healthcare system.

To learn more about handling your OPMC investigation, please contact one of the competent OPMC/OPD misconduct defense lawyers from Walker Medical Law. Better yet, schedule your initial consultation with our firm today.