Should I Hire An Attorney If I Am A Medical Professional Under Investigation For Wrongdoing?

Last updated on September 26, 2022

Being a licensed medical professional in New York State requires one to follow professional practices, as defined by a variety of state laws and regulations. Failure to meet these professional requirements is considered professional misconduct and proven professional misconduct may result in disciplinary action, which can even include the suspension or revocation of one’s license to practice. Before you make any decisions, it is important to speak with a medical license defense attorney.

Disciplinary actions can damage or even ruin a medical professional’s career, so it is imperative to hire an Experienced Attorney the moment they are aware that any investigation has begun. No medical professional should ever speak to any investigator without proper legal representation. An Experienced Criminal Attorney will protect their rights and fight for their ability to continue in their chosen profession. Medical professionals sometimes worry that hiring a lawyer will make them “look guilty.” Any agency investigating medical professionals understands that any party accused of wrongdoing has a right to representation. They will not assume guilt just because a lawyer has been hired. What hiring an Experienced Attorney like Jason Bassett, Esq. does is to put them on notice that you aren’t going to be pushed around and they cannot take advantage of you. The most important thing is that your rights and your career are protected, and this can only be done by an Attorney with experience in this unique area of the law.

Does Your Firm Defend Me On Criminal Charges As Well As Defending Me At A Medical Licensing Hearing?

The Law Offices of Jason Bassett, P.C. provides aggressive defense against all manner of criminal charges that a medical professional might face while also representing them before the Office of Professional Medical Conduct or the Office of Professional Discipline. It is vitally important to have an attorney with experience and expertise in both criminal defense and defense at professional licensure hearings in order to fully protect a medical professional’s rights and career. Jason Bassett, Esq., a former Special Assistant Attorney General in the Medicaid Fraud Control Unit, is thoroughly familiar with how a criminal matter can affect a medical license and vice versa.

What Does The OPMC Do If A Physician Is Convicted Of A Crime In New York?

The OPMC refers to post-conviction disciplinary proceedings as “direct referral” hearings. This is because they are based on a direct referral by the Clerk of the Court from the Department of Health that a doctor has been convicted of an offense. The physician may not contest a criminal conviction in a direct reference proceeding. The only issue that the OPMC Hearing Committee will have to resolve is what punishment the physician should receive.

A physician should immediately hire an experienced attorney who is best qualified to advise the physician on ways to reduce the record in front of the OPMC Hearing Committee. The attorney may be able to advise the physician on the best steps that the doctor can take in order to demonstrate to the OPMC Hearing Committee they have accepted responsibility for their actions and is actively involved in rehabilitation. Rehabilitation and repentance are essential elements of a direct referral defense. They could save a physician’s license.

Should A New York Physician Attend An OPMC Interview?

Once the report is available, the OPMC invites the physician for an interview about the investigation. While the doctor has the right not to accept an interview, the law demands that the OPMC allow the physician to be interviewed. Physicians can make the biggest misconceptions in OPMC investigations.

Only after a case has been investigated thoroughly will the OPMC conduct interviews. After thoroughly investigating the case, the OPMC will review the records of the doctor, interview patients, and consult experts in the targeted physician’s area. The interview is often the final step before an Investigation Committee (IC) presents the case. The IC acts as an administrative equivalent of a grand jury. The IC is the administrative equivalent of a grand jury. It decides if sufficient evidence exists to bring against a doctor formal charges for professional misconduct.

For more information on Defense of Medical Professionals In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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