You may feel completely blindsided when notified that the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) wishes to investigate you. You may be unable to pinpoint what you possibly did to constitute such an investigation. Further, you may be unable to take an educated guess on who could have possibly brought on the OPMC’s intervention. Regardless of who or what was the catalyst, you must stand your ground and fight for justice to reign in this matter. Follow along to find out who holds the right to report you to the OPMC and how a proficient OPMC/OPD misconduct defense lawyer at Walker Medical Law can come to your aid if you ever find yourself the subject of a complaint.
Who holds the right to report me to the OPMC?
In short, virtually anyone with whom you have interacted while practicing medicine in New York State could have reported you to the OPMC. But more specific examples read as follows:
- Your current and former disgruntled patients.
- Family members of your current and former disgruntled patients.
- Your current and former disgruntled employees and colleagues.
- Hospital or healthcare entities who have currently or previously employed you.
- The county clerk for a criminal division court in your area, if the claim is related to an alleged criminal offense.
- The insurance companies that currently or previously worked with your office, if the claim is related to insurance fraud.
Why would someone feel the need to report me to the OPMC?
The smallest complaint to the OPMC holds a great deal of power. This is because a single medical misconduct claim will trigger an OPMC investigation against you, by New York State law. With this, you may wonder why someone could have possibly felt the need to initiate this series of negative, unfortunate events. Well, specific examples of such justifications read as follows:
- A patient may have believed that you sexually assaulted or abused them during one of their appointments.
- A family member of a patient may have believed that their illness or injury got progressively worse while under your care.
- An employee or colleague may have believed that you were allowing unauthorized individuals to perform your medical duties for you.
- An employer may have believed that you were showing up to work while under the influence of drugs or alcohol.
- A county clerk may have believed that there was a valid case of driving while intoxicated to be made against you.
- An insurance company may have believed that there was a valid case of overbilling patients to be made against you.
Even though there may be no basis behind any of these claims, you must demonstrate this clearly to the OPMC during their investigation and subsequent hearing. In conclusion, there is far more to explain on this topic than this blog cannot even begin to cover. So for more information, please get in touch with a talented OPMC/OPD misconduct defense lawyer at Walker Medical Law. We look forward to collaborating with you.
