Earning a medical license requires years of education, training, exams, and background checks. Maintaining that license to practice your profession can be just as challenging, especially when you are facing investigation or disciplinary action. Even minor infractions can put your professional reputation and livelihood at risk. A New York medical license defense lawyer can help you navigate the process to protect your professional credentials, offering invaluable guidance and support to ensure your rights and career are safeguarded.
As a healthcare professional, you have a duty to report any criminal convictions that could impact your ability to practice medicine or prescribe drugs. Failure to do so could result in fines, license suspension or revocation and/or loss of employment opportunities. Law Offices of Jason Bassett has helped many doctors, nurses, pharmacists, dentists, chiropractors, and podiatrists who are dealing with the consequences of a criminal conviction or disciplinary action by OPMC or OPD. When facing such challenges, it's essential to have a skilled medical license defense lawyer by your side to navigate the complexities of the legal system and advocate for your rights.
It is critical to act quickly if you receive notice that the OPMC or OPD is investigating your practice. This should be your top priority, and you need to immediately contact a licensed lawyer who is familiar with this process to protect your rights and your career. A medical license defense lawyer can provide the guidance and support necessary to effectively respond to an investigation, helping to minimize its impact on your professional life.
An experienced New York medical license defense lawyer can guide you through the legal process and help you build a strong case to support your position. You will likely be asked to provide a statement to investigators, and this should be carefully crafted to include only factual information and avoid making incriminating statements that can be used against you later. Utilizing the skills of a medical license defense lawyer at this stage can be critical in shaping the outcome of your case.
When a formal hearing is held, it will be conducted much like a traditional trial in a court of law. Your dispute will be decided by a special type of judge known as an Administrative Law Judge (ALJ). You and your lawyer will have the opportunity to present arguments, evidence, witnesses, and other relevant materials to support your position during this process. The guidance of a medical license defense lawyer is invaluable in these hearings, ensuring that your case is presented in the most effective manner possible.
In addition, you have the right to appeal a decision of the Board if you are not satisfied with the ALJ’s recommendation. In most cases, an informal hearing will be held instead of a formal one, but this is something you should discuss with your lawyer to determine whether this is appropriate for your situation. A medical license defense lawyer will be crucial in navigating the appeals process, offering strategic advice and representation to challenge the initial decision.
Throughout the investigation and disciplinary process, it is important that you be open and honest about all of the facts, including any personal or professional issues that may be impacting your performance. Jason Bassett is committed to helping you defend your medical license and professional integrity.
New York physicians face many challenges, including malpractice claims and other professional disciplinary actions. These issues are often investigated by the Office of Professional Medical Conduct (OPMC), which operates within the New York State Department of Health. If you receive a complaint or notice from OPMC, you must take it seriously and immediately seek the assistance of a medical license defense lawyer. The disciplinary process can be lengthy and difficult, putting your career at risk and even potentially resulting in a license suspension. Jason has years of experience representing healthcare professionals in OPMC cases and can help defend your rights and your livelihood.
OPMC investigators will likely begin by interviewing the patient who filed the complaint, and then will reach out to you and any other witnesses. During these interviews, having a medical license defense lawyer present is crucial to ensure your rights are protected and that you do not give any statements or information that could be used against you later in the case. Your lawyer can also advise you about the best way to respond to questions, which might include a request for random samples of your patient charts or a comprehensive review of your office records.
Physicians should also be aware that the OPMC may request access to hospital credentialing files, as well as the records of any hospitals where you are currently a provider. This typically results in the hospital conducting its own quality assurance investigation and filing an NYPORT report with OPMC. A medical license defense lawyer can be invaluable in helping you navigate the hospital review and NYPORT reporting process.
If a physician is found to have committed professional misconduct, he or she will be ordered to attend a hearing at which the evidence is presented by both sides. This can include testimony from witnesses and the physician himself or herself. Having a skilled medical license defense lawyer present at the hearing is critical to protect your rights and your reputation.
A successful outcome at the hearing can lead to the dismissal of a charge or a reduction in any penalties. Should a physician not be cleared by the hearing committee, there is an option to appeal to an Administrative Review Board consisting of three physicians and two lay members of the board. A medical license defense lawyer can guide you through this appeals process, offering legal advice and representation to improve your chances of a favorable outcome.
The OPMC can impose a variety of penalties, including revocation of the license, restrictions on where and when you can practice, additional training requirements, fines, and other reprimands. For physicians facing OPMC discipline, engaging a medical license defense lawyer early in the process is the most effective strategy to fight the charges as quickly and efficiently as possible, before they proceed to phase two and formal disciplinary action.
The process of becoming a licensed New York physician involves years of intensive education, field experience, and passing the USMLE. That’s why it’s a traumatic experience to find out that you are the subject of an investigation and that your license is in jeopardy of being suspended or revoked. Fortunately, if you find yourself in this precarious position, it’s important to have a medical license defense lawyer skilled in legal counsel fighting for you from day one.
If you have been accused of committing medical malpractice, the first step is to retain an experienced attorney to guide you through the process of mounting a robust defense. A medical malpractice lawyer in New York will work closely with you to identify the most effective defense strategies and build a case that will demonstrate your innocence. At this juncture, having a medical license defense lawyer by your side is crucial to navigating the complexities of medical law and ensuring your rights are fully protected.
Generally speaking, a plaintiff will have to prove that your actions fell outside the standard of care and that such a fall in standard practice resulted in a patient injury. However, defendants are allowed to rebut this evidence with their own expert witness testimony to prove that their choice of treatment was reasonable and in accordance with the standards of care. A medical license defense lawyer can help find and prepare expert witnesses to support your defense, showcasing the appropriateness of your medical decisions.
Additionally, you can defend yourself by arguing that the patient was negligent as well, and that such negligence contributed to their injuries. In most jurisdictions, juries take comparative negligence into account when awarding damages. If a judge or jury finds that the injured party was at fault in some way for their own injuries, then your award may be reduced accordingly. Your medical license defense lawyer will strategize to emphasize any comparative negligence, potentially reducing the liability or damages attributed to you.
A defense that is often successful is proving that the patient could have taken steps to mitigate or prevent their injuries. This type of argument can be used to reduce the amount of damages awarded to a plaintiff, particularly when the negligence is severe and life-altering. A medical license defense lawyer can argue the mitigation of damages effectively, potentially leading to a more favorable outcome for you.
Other popular medical malpractice defenses include demonstrating that the patient incurred their injury in an emergency situation or as the result of an unavoidable side effect. It’s also possible to use Good Samaritan laws to shield physicians from medical malpractice claims in certain situations, as long as the alleged misconduct occurred while the doctor was acting in a professional capacity. In such cases, a medical license defense lawyer can leverage these laws to protect you from unwarranted claims.
Finally, a medical malpractice lawyer can work to humanize the defendant in order to gain juror sympathy and keep verdicts from wildly soaring out of control. Some plaintiffs’ attorneys will try to discredit a physician by accusing them of being dishonest and making them apologize in court. An experienced lawyer will work to counter this strategy by highlighting the physician’s sincerity and genuineness during his or her testimony in court, a tactic where a medical license defense lawyer guidance in presenting your case can be invaluable.
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