Who Investigates Misconduct Claims Against Medical Professionals?

Due to their importance, medical professionals are held to a higher standard when they make a mistake rather than other individuals. It is because of this that when misconduct takes place, they can face an investigation that could result in certain consequences depending on the circumstances of the case. Sometimes, it may be possible for a professional to even lose their license. When a medical professional commits misconduct, they can receive a letter from the Office of Professional Medical Conduct (OPMC). This means an investigation will begin regarding what happened. If you are facing an OPMC investigation, do not hesitate to contact an experienced New York medical defense attorney for help with your case.

What is the OPMC?

The OPMC is a committee that oversees the work of medical professionals. The committee consists of two physicians and one non-physician. Their job is to make sure that all professionals are meeting the standards that are expected of them by conducting medicine ethically. In the event that a medical professional fails to do so and commits misconduct, a complaint can be made by various parties to the OPMC. Types of misconduct that are often seen can include billing fraud, insurance fraud, substance abuse, sexual misconduct, and more. When a complaint is made regarding any of these issues, the OPMC will conduct an investigation. The committee handles the following matters:

  • Investigations into complaints against medical professionals
  • Prosecute and impose disciplinary actions against professionals that are charged with misconduct
  • Educate the medical community about misconduct and how it can be avoided
  • Monitor the Committee for Physician Health
  • Monitor professionals who are on probation or had their medical license restored after it was revoked

What is the Process of an OPMC Investigation?

After receiving a complaint against a medical professional, the OPMC will launch their investigation. This looks into the individual’s life as well as their entire practice. It is because of this that it is crucial for the professional to have a proper medical defense attorney at their side to aid in protecting them from any harsh consequences. This is because some cases may lead the professional to have their medical license suspended or revoked. 

The investigation will consist of a variety of interviews. This can be with the professional themselves as well as employees, coworkers, and patients. The questions the professional will be asked in their interview will be in relation to the act they are accused of. When all interviews are conducted, the OPMC will evaluate the information they received in order to make an educated decision regarding the matter at hand. In the event that they believe the professional is guilty, the OPMC will impose certain consequences. This can vary depending on the case. Common methods of discipline can include a letter of reprimand, a censure letter of reprimand, or probation. In cases of severe misconduct, their medical license can be revoked.

Contact our Firm

When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. 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.