The loss of your medical license can have a devastating impact on your career, your reputation, and your life. However, it’s not impossible to get your license back if you choose to appeal the decision of the state medical board. Appeals are generally heard by an administrative law judge who will review the evidence in the case. The appeals process is very similar to a trial, and you will have the opportunity to present sworn testimony, documents, and witnesses. Having a skilled medical license defense lawyer in your corner throughout the entire process is crucial.
The OPMC has the power to suspend a physician’s license for many reasons, including patient complaints, criminal activities, and other violations of the law. Depending on the situation, the medical board may also decide to place the provider on probation, require more education and training, give a censure or reprimand, or even terminate the license completely. A medical license defense lawyer is essential in these instances to navigate the complexities of the law and advocate for the best possible outcome for the physician.
During the disciplinary hearing, a lawyer can argue that the OPMC did not follow the proper procedure and/or did not treat the physician fairly. This includes making the argument that there were errors in how the OPMC handled the investigation, whether it was investigating a claim of misconduct or evaluating medical records. A medical license defense lawyer can skillfully address these issues, highlighting any procedural errors or unfair treatment to strengthen your case.
If you have been accused of malpractice, sexual misconduct, or other violations of the law, it is essential to hire a medical license defense lawyer as soon as possible. Your attorney can help you prepare for your hearing and can be present at all OPMC meetings and interviews to ensure that your rights are protected at every step of the process, providing a crucial layer of defense against potential career-ending actions.
An attorney can also make the argument that the OPMC violated your constitutional rights during the investigation, disciplinary hearing, or revocation of your medical license. These arguments can include claims of due process or equal protection. For example, if you are accused of driving while intoxicated, a medical license defense lawyer may be able to argue that the OPMC did not consider your past history with DMV violations when they decided to suspend your license, thus offering a more nuanced defense tailored to your specific circumstances.
You have the right to a fair and impartial disciplinary hearing. If you have been denied this right, you may be able to file an appeal with the New York Supreme Court or another court. Engaging a medical license defense lawyer who can work with you to put together a strong case that includes expert witnesses, medical reports, and other relevant documentation is vital. By assembling a solid case, you can significantly increase your chances of getting your license back, allowing you to return to your practice with a clean record and a restored reputation.
In the face of malpractice lawsuits that have made headlines across the country, physicians have been forced to practice "defensive medicine." As a result, many healthcare providers fear being subject to a misconduct investigation by the Office of Professional Medical Conduct (OPMC). If you receive a notice that OPMC has commenced an investigation, you should immediately contact a medical license defense lawyer to protect your rights and guide you through the process.
OPMC is a division of the New York State Department of Health that investigates complaints against licensed doctors and physician assistants. It is staffed with investigators and a medical coordinator who are trained to review written complaints and provide clinical guidance. The OPMC investigation process can be time-consuming and stressful, particularly without the support of a medical license defense lawyer. During this period, a doctor's reputation can be damaged, affecting job prospects and insurance coverage. It is crucial to have a skilled medical license defense lawyer by your side to navigate the complexities of the investigation and work towards a favorable outcome.
The OPMC also maintains a voluntary program to assist impaired practitioners who need help dealing with alcohol, drug, or mental health issues. This program identifies, refers to treatment, and monitors impaired practitioners. If you are a physician facing such challenges, consulting with a medical license defense lawyer can provide you with confidential advice on how to proceed without jeopardizing your license or professional standing.
A person whose unauthorized practice of medicine causes injury or death to another person may bring an action for damages in civil court pursuant to New York Civil Practice Law 4504. In these cases, having a medical license defense lawyer can be critical for defending against claims of unauthorized practice and mitigating potential damages. The lawyer's knowledge can help establish the absence of negligence or disprove the proximate cause between the physician's actions and the alleged injuries.
Malpractice is the failure of a healthcare provider to meet the legal standard of care in his or her profession. This standard of care is determined by the medical community and is based on the most recent and reliable evidence about how healthcare providers must perform their jobs to avoid harming patients. A medical license defense lawyer plays a vital role in malpractice cases, helping to demonstrate that the healthcare provider met the appropriate standard of care or that the patient's injuries were not a direct result of the provider's actions.
New York is home to one of the most populated states in the country, and with so many people seeking medical care, it’s inevitable that accidents will happen. Unfortunately, a large number of these accidents involve medical malpractice, and patients can be harmed by doctors and nurses who don’t follow accepted standards of care. A medical license defense lawyer plays a crucial role for healthcare providers in these situations, providing legal representation and advice to navigate allegations of negligence or misconduct.
Fortunately, injured claimants can sue healthcare providers for damages in cases where they were harmed by a doctor’s negligence. However, before a claimant can file a lawsuit for medical malpractice in New York, they must satisfy several requirements. These complex requirements often necessitate the expertise of a medical license defense lawyer to ensure that healthcare providers are adequately defended against unfounded claims.
First, they must demonstrate that a health care provider’s act or omission deviated from the medical standard of care for a similar health care provider in the same area at the time. The plaintiff must also demonstrate that this deviation approximately caused the injury that was suffered. A skilled medical license defense lawyer can provide critical assistance in these cases, helping to challenge the plaintiff's claims and demonstrate adherence to the standard of care.
The statute of limitations for medical malpractice claims in New York is two-and-a-half years from the date that a patient’s cause of action accrued. This means that the patient must file a lawsuit within this window, or their case will be barred from being brought in court. A medical license defense lawyer is invaluable in these situations, helping healthcare providers understand the implications of the statute of limitations on their case.
However, there is an exception for medical malpractice cases that are brought by minors. The law states that a child’s 30-month statute of limitations clock doesn’t start until they turn 18. This is in place to make sure that children can bring their claims before the deadline passes without any problems. In these cases, a medical license defense lawyer can guide healthcare providers through the complexities of defending against claims brought by minors, ensuring a fair and just legal process.
In medical malpractice cases, juries can award claimants different types of damages. These damages can include both economic and non-economic losses. Economic damages are those that have a concrete monetary value, such as medical bills, lost wages, and future earning potential. Non-economic damages can include things like pain and suffering and loss of enjoyment of life. A medical license defense lawyer can argue on behalf of healthcare providers to ensure that any damages awarded are fair and proportional to the circumstances of the case.
The amount of damages awarded for medical malpractice claims in New York is based on the percentage of fault assigned to each party. This is known as pure comparative fault. While most other states have modified their systems by only allowing for a capped percentage of fault, New York is one of the few remaining jurisdictions that uses this system in medical malpractice cases. A medical license defense lawyer can help navigate this system, advocating for a fair assessment of fault and protecting the interests of healthcare providers.
Bringing a medical malpractice case can be a long, arduous, and expensive process. As such, it’s common for claimants to choose to settle prior to trial. The laws in New York allow this as long as both parties agree to it. A medical license defense lawyer is essential in these negotiations, ensuring that any settlement is in the best interest of the healthcare provider and that their professional reputation is preserved.
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