New York OPMC Attorney

Lawyers for Physicians and Others Facing Office of Professional Medical Conduct (OPMC) Investigations in New York

Facing an Office of Professional Medical Conduct (OPMC) investigation in New York is a serious matter. Not only can OPMC investigations lead to professional discipline, but they can lead to public-facing consequences as well. With only limited exceptions for minor and technical violations, disciplinary actions are reported to the National Practitioner Data Bank (NPDB) and published on the New York Department of Health’s website.

In the most serious cases, the OPMC has the authority to permanently revoke a practitioner’s license. But even when permanent revocation isn’t on the table, OPMC investigations can still lead to suspensions, probation, and other serious professional consequences. For physicians, physician assistants, and specialist assistants, facing an OPMC investigation can often mean facing civil litigation as well. Since the OPMC investigates complaints against practitioners, OPMC investigations and medical malpractice claims often go hand-in-hand.

As a result, experienced legal representation is critical when facing an OPMC investigation. If you need an OPMC lawyer in New York, we encourage you to contact us promptly. While we can deal with the OPMC and handle any other legal matters on your behalf, it is important that we are able to get to work as soon as possible.

Common Issues in OPMC Investigations

Since the OPMC conducts investigations in response to complaints, most of the Office’s investigations target patient-related concerns. With that said, this list of concerns can be extremely long; and, when facing an OPMC investigation in New York, a key first step is to discern the focus of the investigation. This is one of the first ways in which an OPMC lawyer in New York can help, as an experienced lawyer will be able to engage with the OPMC effectively to understand what the Office is investigating and why.

Some examples of common issues in OPMC investigations include:

• Abandoning or neglecting a patient
• Abusing, harassing, or intimidating a patient
• Alcohol or drug impairment
• Authorizing the unlicensed practice of medicine
• Disclosing a patient’s personal, financial, or medical information without their consent
• Discriminating based on a patient’s race, color, or other personal traits
• Failing to maintain accurate and adequate patient records
• Medical malpractice (negligence or incompetence)
• Ordering excessive medications, tests, or treatments
• Performing medical services not authorized by the patient (exceeding the patient’s informed consent)

When facing an OPMC investigation, it is critical not to make any assumptions. You should not assume that you know why the OPMC is investigating, and you should not assume that the accusations against you warrant professional discipline. Due to the risks involved, an informed and strategic approach is required, and you need to avoid making any assumptions or decisions that could prevent you from asserting an effective defense.

Potential Consequences of OPMC Investigations

The potential consequences of an OPMC investigation depend on the seriousness of the misconduct allegations involved. Understanding the penalties that are on the table in your case is critical for informed decision-making as well. While all OPMC investigations require an effective defense—and minor violations can increase the risks of facing a subsequent investigation—the more serious the sanctions you are facing, the more important it is that you protect yourself by all means available.

Depending on the circumstances involved, OPMC investigations can potentially lead to negative outcomes including:

• Administrative warning
• Censure and reprimand
• Community service
• Continuing medical education (CME)
• Monetary fines
• Probation
• Stayed suspension of your medical license
• Immediate suspension for a specified length of time
• Indefinite suspension of your medical license
• Revocation of your medical license

Before imposing any of these penalties, the OPMC must thoroughly investigate the complaint at issue, and it must strictly follow a set of procedures designed to ensure that physicians, physician assistants, and specialist assistants receive at least some form of due process. Lawyers for the OPMC will be involved, and your case may go to a hearing before the Board of Regents. While targeted practitioners are generally expected to cooperate during the investigative process, there are limits, and an OPMC attorney in New York can help you avoid unnecessarily saying or doing anything that could increase your risk of sanctions.

As we mentioned above, OPMC investigations will often be accompanied by medical malpractice claims. These claims can present substantial risks; and, here too, an informed and strategic defense is required. Along with handling OPMC investigations, our lawyers handle medical malpractice defense as well. As a result, we can provide full-service legal representation regardless of the scope of the risks you are facing.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

How an OPMC Lawyer in New York Can Help

What can you expect from your OPMC investigation, and what should you expect from a NY OPMC attorney? If you are facing an investigation, here are just some of the ways that our lawyers can help you:

1. Intervene in the Investigation

We will intervene in the OPMC’s investigation as soon as possible. This will allow us to determine exactly what the OPMC is investigating and why, and then we can use this information to formulate our next steps.

2. Thoroughly Evaluate the Complaint

Our lawyers will thoroughly evaluate the complaint against you in light of the applicable professional standards, rules, and responsibilities. During this process, we will work closely with you to ensure that we have all of the information we need to build a sound and strategic defense.

3. Formulate a Custom-Tailored Defense Strategy

After identifying the focus of the investigation and thoroughly evaluating the complaint, we will formulate a custom-tailored defense strategy. Whether this defense strategy is focused on avoiding sanctions entirely or mitigating the consequences of a past mistake will depend on the circumstances involved.

4. Work with the OPMC to Target a Favorable Pre-Hearing Resolution

Regardless of the approach we need to take, we will work with the OPMC to target a favorable pre-hearing resolution. If at all possible, we will focus our efforts on resolving the investigation without further consequences. But, if necessary, our lawyers can also work to negotiate a settlement with the OPMC on your behalf.

5. Handling Your Hearing (and Appeal if Necessary)

If a favorable pre-hearing resolution is not on the table, our lawyers will thoroughly prepare for your OPMC hearing. At the hearing, we will counter the OPMC’s arguments and evidence, and we will present all viable substantive and procedural defenses. If necessary, our lawyers can also challenge the outcome of your OPMC hearing on appeal.

FAQs: Hiring a New York OPMC Lawyer to Protect Your License and Your Career

Speak with a New York OPMC Attorney at Oberheiden P.C. in Confidence

If you need to speak with a New York OPMC attorney, we encourage you to contact us promptly for a complimentary consultation. Call 888-680-1745 or tell us how we can reach you online to schedule an appointment today.