Medical Providers
Our attorneys have particular experience in working with physicians, nurses, and other medical professionals in the legal matters affecting their practices. Our experience includes establishing new practices, obtaining required consents from the Departments of Education and Health, adding new members or shareholders, preparing employee contracts, and negotiating leases and other business agreements. We have also represented medical professionals in licensing issues before the Board of Regents and claims of unfair practices heard by the Public Health Council of the Department of Health. Contact us to discuss how we can assist you with your new or growing medical practice.
Our firm has also represented doctors and nurses in disputes with hospital officials, in matters before internal peer review committees, and medical conduct committees established under hospital by-laws. We have represented physicians in obtaining hospital privileges and credentialing with insurance carriers.
Our firm has also represented physicians and nurses in proceedings brought by the New York State Office of Professional Medical Conduct (OPMC) which is responsible for investigating complaints of alleged conduct filed by patients, hospitals, insurance carriers, former employees, and other entities, and reciprocal proceedings from other states. We have successfully closed matters with OPMC investigators and avoided further disciplinary proceedings. Even if you believe that the complaint lacks merit and the investigator merely requests your appearance at an informal conference, you should be aware that any statement you make may cause the investigator to conclude that the complaint has merit and that your statement, as interpreted by the investigator, may be used at a subsequent disciplinary hearing. The investigative stage often provides an opportunity to favorably resolve a case.
The Board of Professional Medical Conduct conducts disciplinary hearings on complaints of alleged misconduct under the Public Health Law investigated by OPMC and referred to legal counsel. The potential sanctions from an adverse hearing determination include fines, censure, probation, suspension, and revocation of the license to practice. We have obtained hearing committee’s dismissals of proceedings in which OPMC sought the revocation of a license.
We have also submitted written materials and testified before the New York State Assembly Committee on Health in support of legislation to reform OPMC’s procedures. Contact us if the Department of Health or OPMC is investigating or has commenced proceedings regarding your actions as a physician, physician’s assistant, or nurse.
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