A license to practice medicine is a privilege that must be protected. Doctors, nurses, and other licensed medical professionals face significant risks when facing a disciplinary proceeding from their state licensing board. The outcome of a board investigation can jeopardize your career and everything you have worked so hard to achieve. For these reasons, it is crucial to engage a medical license defense lawyer early and build a comprehensive strategy for your case. This proactive approach can significantly increase your chances of a favorable outcome and help preserve your professional standing.
Conduct an unbiased assessment of the allegations in question
An objective evaluation of the allegations against you is a critical first step in defending your license. A medical license defense lawyer can provide the impartial perspective needed to assess the situation accurately and advise on the best course of action. Their knowledge in medical licensing issues can be invaluable in determining the validity of the claims and formulating a strong defense strategy.
Make a full and honest disclosure of all relevant documentation and records
Transparency with your defense team is paramount. A medical license defense lawyer can help you identify which documents are crucial for your defense and ensure that all relevant information is presented in a manner that supports your case. They can also advise you on the preservation of evidence, which is essential for avoiding any allegations of tampering or withholding information.
Request a hearing before an administrative law judge
If your case proceeds to a hearing, having a medical license defense lawyer by your side is indispensable. They can represent you effectively, presenting arguments, cross-examining witnesses, and introducing evidence that supports your case. Their understanding of the legal process and experience with administrative law can greatly enhance your chances of success.
File with the Federation Credentials Verification Service
This technical step is crucial for maintaining your eligibility to practice. A medical license defense lawyer can ensure that your application is complete and submitted correctly, avoiding any delays or issues that could arise from procedural errors. They can also handle any legal challenges related to your credentials and licensing status.
The state of New York requires doctors, nurses, and other healthcare providers to obtain malpractice insurance coverage. In situations where your ability to secure insurance is complicated by a board investigation or past criminal charges, a medical license defense lawyer can be instrumental in navigating these complexities. They can assist in finding insurance solutions that meet regulatory requirements while also protecting your interests, ensuring you can continue your practice without undue hindrance.
The question of whether or not a physician should speak with investigators about a possible OPMC investigation is not a simple one. Although the law requires physicians to cooperate with OPMC investigations, they must be cautious about how they provide information. In some cases, revealing certain types of information may trigger legal obstacles or even criminal penalties. For this reason, it is always advisable to contact a medical license defense lawyer before agreeing to an interview, as they can provide the necessary guidance and support to navigate these complex issues safely.
The routine representation of doctors and physician assistants under OPMC investigations or facing professional misconduct allegations underscores the importance of having a skilled medical license defense lawyer on your side. Such legal proficiency is crucial in addressing the multifaceted aspects of professional misconduct, which encompasses actions that could jeopardize your license and, consequently, your career and earning potential.
OPMC's authority to investigate and sanction doctors for a wide range of offenses necessitates the involvement of a medical license defense lawyer who can strategically advise and defend you against potential sanctions. Whether it's allegations of negligence, practicing outside your competence, or other serious charges, a lawyer focusing on medical license defense can make a significant difference in the outcome of your case.
In situations involving criminal convictions not directly related to medical practice but that could still impact your medical license, the guidance of a medical license defense lawyer becomes indispensable. They can help navigate the complexities of rehabilitation requirements and reinstatement processes, ensuring you have the best possible defense to protect your professional future.
Facing the possibility of license revocation, it's clear that the stakes are incredibly high for medical professionals under investigation. The disciplinary boards' inherently unfavorable view towards accused individuals highlights the critical role of a medical license defense lawyer in safeguarding your income, future job prospects, and reputation. Their experienced guidance can be the key to navigating the challenging landscape of OPMC investigations and disciplinary actions effectively.
A physician has to work extremely hard to earn a medical license. They spend years studying and even more time after getting licensed, treating patients. When they are accused of professional misconduct, it can ruin their reputation and threaten everything they have worked so hard to achieve. Engaging a medical license defense lawyer can help them avoid harsh penalties, such as losing their license, by providing a robust defense against allegations of professional misconduct.
There are many reasons why a physician might be investigated by the state medical board for disciplinary actions. A doctor could be accused of committing fraud or making untruthful statements to patients. They may also face charges for sexual misconduct with a patient or failure to report such conduct to other physicians. In general, the state medical board is supposed to protect patients and the public from unscrupulous practitioners. A medical license defense lawyer can help navigate the complexities of these investigations and work to protect the physician's license and career.
However, according to a doctor turned attorney and former member of the state medical board, state medical boards are often too lenient with doctors who have committed serious wrongdoing. In fact, the Federation of State Medical Boards publishes information that shows state medical boards takeaway only about six out of every 10,000 doctors’ licenses. Despite this, the medical board let one doctor keep his license after he pleaded guilty to the felony offense of unlawfully prescribing narcotics and he failed to show remorse at his hearing. A medical license defense lawyer would critically assess such cases, advocating for fair treatment and due process for all physicians under investigation.
It is important to note that, in order to lose a medical license in New York, a physician must be found guilty of a crime that satisfies the definition of “moral turpitude.” The act states: “Moral turpitude refers to a crime involving moral depravity or immorality.” A doctor who commits such an offense can have their license permanently revoked. Physicians facing such serious accusations would greatly benefit from the counsel of a medical license defense lawyer to navigate the legal challenges and defend their professional integrity.
In New York, the state medical board investigates accusations of unethical conduct and determines punishment for doctors. Anyone can file a complaint against a physician with the OPMC, including patients, coworkers, insurance companies, and other doctors. The medical board is made up of 68 doctors and 23 lay people, who are appointed by the health commissioner. A three-member panel decides the penalty for a doctor, which can range from a slap on the wrist to complete license revocation. In such circumstances, a medical license defense lawyer plays a crucial role in presenting the physician's case, ensuring that their rights are protected throughout the disciplinary process.
Most of the time, a doctor who has been disciplined by the medical board will be required to complete CME or other education courses. Moreover, they may be subjected to monetary fines. In 2017, the state imposed 887 conditions on doctors, and they also had their licenses suspended or restricted 649 times. A medical license defense lawyer could challenge the conditions of discipline imposed on a physician, arguing for proportionality and fairness in the disciplinary actions taken by the board, thus safeguarding the physician's ability to continue practicing medicine.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060