As you know, there are few charges more damaging to a medical professional’s career than those involving medical malpractice. Unfortunately, many medical professionals are wrongly charged with medical malpractice virtually every day, and physician’s assistants are no exception. If you are facing a malpractice allegation in New York City or Westchester County, you may be subject to an investigation conducted by the New York State Office of Professional Discipline (OPD), which can impact your licensing, employment, and long-term employment. Please continue reading and speak with our knowledgeable New York City medical malpractice attorney to learn more about how our firm can help you fight your charges if you are a physician’s assistant currently facing malpractice charges. Here are some of the questions you may have:

What Should I Do Immediately if I am Accused of Malpractice?

If you are a physician’s assistant and facing allegations of malpractice in New York City or Westchester County, taking immediate action can significantly impact the outcome of your claim. Many providers unintentionally harm their defense by reacting with emotions or attempting to defend themselves without legal guidance. However, structured and deliberate actions taken under the guidance of an experienced New York City attorney can help you protect yourself.

Immediate Steps to Protect Your License

  • Do not discuss the allegations with anyone, including your colleagues or supervisors, without legal representation
  • Contact an experienced medical malpractice defense attorney as soon as possible
  • Preserve all medical records related to the patient
  • Do not alter records, as this can lead to additional penalties
  • Notify your employer or supervisor
  • Prepare for an OPD investigation

What Constitutes An Act Of Medical Malpractice?

To start, you should firmly understand what constitutes an act of medical malpractice in the eyes of New York law. While these claims are serious, they are incredibly complex, often requiring specific legal elements to be proven.

In simple terms, medical malpractice occurs when a healthcare provider fails to meet the accepted standards, which ultimately causes direct harm to the patient.

Legal Elements of a Malpractice Claim

  • Duty of care: You had a professional duty to treat the patient
  • Breach of duty: You failed to meet the accepted medical standards
  • Causation: Failure to meet these standards directly caused harm
  • Damages: The patient suffered measurable damages as a result of the harm they suffered

It’s important to understand that not all negative outcomes constitute malpractice or misconduct. As such, malpractice cannot be legally established without the presence of all four elements of negligence.

Common Examples of Physician’s Assistant Malpractice

There are many actions a physician can take that could be considered malpractice.

Common Allegations Raised Against Physician’s Assistants

  • Failing to diagnose a patient
  • Improperly diagnosing a patient
  • Waiting too long to diagnose a patient, causing his or her condition to worsen
  • Making a medical or procedural error
  • Failing to supervise the patient, or failing to ensure another party was supervising a patient
  • Failing to review the patient’s medical history
  • Medication errors or improper prescribing
  • Documentation errors or incomplete charting

These types of allegations are often related to issues with clinical judgement, inadequate communication, and failure to ensure compliance with accepted medical standards.

What Happens After a Medical Malpractice Allegation in New York?

After a malpractice accusation against a New York City physician’s assistant, a formal investigation may be conducted, ultimately resulting in disciplinary hearings and potential penalties that could place your medical license at risk.

When a medical professional is charged with medical malpractice, the Office of Professional Discipline (OPD) or the Office of Professional Medical Conduct (OPMC) will most likely open an investigation against them. This process determines whether or not disciplinary action is warranted, and if so, the penalties you can face are incredibly serious.

Investigations may involve reviewing records, conducting witness interviews, and discussing the matter with medical experts to determine if disciplinary action is necessary or warranted.

Potential Outcomes of an OPD Investigation

A formal investigation conducted by the OPD can result in serious consequences, including:

  • Administrative hearings and disciplinary proceedings
  • Suspension or revocation of your medical licence
  • Fines
  • Mandatory retraining
  • Misconduct on your permanent record
  • Termination of your employment
  • Difficulty finding future employment

Contact an Experienced New York City Medical Malpractice Attorney

At Walker Medical Law, our dedicated legal team understands how difficult it can be to learn that a patient has accused you of medical misconduct. That is why our firm is committed to doing everything in our power to help you fight these allegations and protect your medical license. When you need assistance, do not hesitate to contact our firm today to learn how we can represent you during these difficult times.