Having the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) investigate you is likely the worst thing that may happen to you in your professional career. And when you receive this notice, you may ask yourself the simple question, “Why is this happening to me?” Read on to discover the possible reasons why the OPMC is investigating you and how one of the seasoned OPMC/OPD misconduct defense lawyers at Walker Medical Law can offer you support during this difficult time.
Why is the OPMC investigating me for misconduct?
Firstly, the OPMC may be prompted to investigate you after receiving a medical misconduct complaint about you. This complaint may have come from a patient, a patient’s family member, a fellow medical professional, a colleague, the healthcare facility in which you are employed, an insurance company, or a state agency.
With that being said, the OPMC may investigate you for any of the following reasons:
- The OPMC received a complaint that you were acting fraudulently or otherwise with gross incompetence or negligence while practicing.
- The OPMC received a complaint that you were under the influence of drugs or alcohol while practicing.
- The OPMC received a complaint that you were impaired with a physical or mental disability while practicing.
- The OPMC received a complaint that you were sexually harassing or abusing patients.
- The OPMC received a complaint that you were performing unauthorized services on patients.
- The OPMC received a complaint that you were practicing in an area of medicine that you are not certified in.
What should I do to protect myself during this investigation?
When you receive a notice from the OPMC, it is important to not panic. Instead, you must comply with their investigation. In addition, you must remain honest during their investigation. It is not worth hiding documents or submitting false documents that they are inquiring about. This is because, if you are caught doing so, you may be sentenced to harsher penalties than you originally anticipated.
Your honesty must transfer over to your disciplinary hearing, even if it does paint you in the most favorable light. To take it a step further, it is helpful to appear remorseful for your actions during your hearing. That is, you may even want to express your promise that you never intend to participate in such negligent activity again, along with proof that you are working towards rectifying the matter at hand.
You must remember that there are regulations in place to protect you in situations like these. For one, you have the right to have a lawyer present throughout your investigation and disciplinary process. So please do yourself the favor and retain the services of one of the competent OPMC/OPD misconduct defense lawyers from Walker Medical Law today.
