An OPMC hearing is a formal administrative process used to determine whether or not a physician or other provider has committed professional misconduct, and if so, what penalties should apply. This process is overseen by the Office of Professional Medical Conduct and functions similarly to a trial. Depending on the outcome, a physician may face a range of disciplinary actions, including the suspension or revocation of their medical license. Understanding how this process works and what you can expect is critical to fight for the change to protect your future as a provider.

Why an OPMC Hearing Happens

As a practicing physician, the last thing you may want to deal with is the Office of Professional Medical Conduct (OPMC). This is because getting on the OPMC’s radar can negatively impact the trajectory of your professional career.

In New York City and the surrounding areas, an OPMC hearing arises when there are allegations of misconduct, like malpractice, fraud, or substance abuse, and must be formally investigated and heard with sufficient evidence. These hearings are governed in accordance with New York Public Health Law as a means of prioritizing and protecting patient safety.

What Should I Expect at My OPMC Hearing?

If one of your patients accuses you of medical malpractice, then they will likely report it to the OPMC, a branch of the Department of Health of the State of New York. With this, you will likely receive a complaint letter from the OPMC. Soon after, they will launch an investigation of the medical malpractice claim placed against you.

Once the investigation has concluded, this is when they will conduct a hearing. Like a trial, your hearing will take place in front of an OPMC committee, which is generally made up of two physicians and one non-physician. The significance of this one non-physician in the hearing committee is to offer a neutral third party.

The hearing serves as the formal stage in the OPMC investigation in which all evidence is gathered, and the board determines whether or not disciplinary action is warranted.

OMPC Hearing Committee Structure

  • The OPMC committee generally consists of:
    • Two licensed physicians
    • One non-physician public member
  • The public member serves as a neutral party to represent the interests of the public
  • The committee is responsible for reviewing the evidence and determining an outcome

Step-by-Step Process of an OMPC Hearing

  • The hearing committee will review the information that was submitted for the complaint and the accusations that have been made.
  • The hearing committee may request that you have your medical license temporarily suspended if they believe that your practice is an immediate threat to your patients or the public.
  • The hearing committee will gather information against you through interviews with colleagues, witnesses, and patients, among others. Once they reach a conclusion, they will present their findings to the hearing committee.
  • You will present your defenses to the hearing committee.
  • The hearing committee will examine all of the provided information to determine whether you should keep your medical license, have it suspended, or have it revoked altogether.

What Outcomes Can Result from an NYC OPMC Hearing?

Put simply, if your OPMC hearing does not end in your favor, then you may be facing some serious, long-term consequences.

Potential Disciplinary Outcomes

  • No legal action (charges dismissed)
  • Formal letter of reprimand
  • Reprimand and censure
  • Probation with conditions
  • Suspension of medical license
  • Revocation of medical license

Factors That Influence the Outcome

  • The severity of the alleged misconduct
  • The strength of the evidence presented by the investigators
  • The strength of the physician’s defense
  • Whether or not there are any prior disciplinary actions against the physician
  • The risk posed to the safety of the physician’s patients

How to Prepare for an OPMC Hearing

If your OPMC hearing has been scheduled in New York City, it’s important to begin preparing. By far, preparation with the help of an experienced attorney can have a significant impact on the outcome of the hearing.

Key Preparation Steps

  • Review the allegations against you and gather evidence that supports your defense
  • Review medical records
  • Gather expert opinions when necessary
  • Prepare your testimony and responses with the assistance of your attorney
  • Ensure you remain in compliance with any OPMC orders
  • Identify witnesses who may be able to support your claims

Contact a New York City Medical Defense Attorney Today

With that being said, it is crucial that you have a talented OPMC/OPD misconduct defense attorney in New York City from the get-go. At Walker Medical Law, we will not only prepare you for your hearing, but we will also provide you with strong legal representation throughout. We will do everything in our power to maintain your reputation in the medical practice. So, give us a call as soon as you can to learn how we can represent you during these difficult times.