New York OPMC Defense Lawyers

New York OPMC Defense Lawyers

We are committed to serving New York physicians that are before the Office of Professional Medical Conduct (OPMC). This includes medical professionals investigated or prosecuted after a misconduct accusation. As outlined by Education Law, the issue of professional misconduct within the state of New York is wide-ranging.

Common Issues of Professional Misconduct among New York Physicians

• Violating HIPAA law
• Negligence or incompetence
• Having a criminal conviction
• Disciplinary action taken in another state
• Poor record-keeping
• Breach of patient boundaries
• Billing fraud
• Practicing under the influence of drugs or alcohol
• Insurance fraud
• Being mentally or morally unfit
• False statements provided during license renewal
• Practicing beyond one’s professional scope
• Failing to supervise staff
• Allowing unlicensed personnel to perform duties without proper licensing

About OPMC Investigations

In the event that you are the target of an OPMC investigation, it is imperative that you understand what’s involved and how to respond appropriately. The initial stages of the investigation include the OPMC’s response to an accusation of misconduct against you. There are regional OPMC offices in New York City and upstate New York. A representative from one of the offices will typically contact you relatively soon after an allegation is received.

The OPMC will request an interview with the physician after an investigation of professional misconduct has commenced. They will often request patient records and other types of documentation. The subject of the investigation is required by law to comply with the OPMC’s request for documentation. While you are required to provide the documentation requested, you are not obligated to accept an interview. In fact, it is wise to have legal representation before you have a conversation with an OPMC investigator.

It’s common for physicians to think speaking with an OPMC investigator is fine because they simply want to provide the information requested to expedite a resolution. Even when the allegations made are unwarranted, participating in an interview can become problematic because what you say will be used against you. The statements that you make can potentially result in new charges. Consulting with a lawyer in advance will enable you to gain a better understanding of what’s involved in an investigation. This will equip you to respond appropriately. After an interview is conducted, the OPMC will determine whether or not there is enough evidence to advance the matter to a professional misconduct case.

If a decision has been made to move forward

The information obtained by the OPMC investigator will be turned over to the Investigation Committee, which consists of doctors and a layperson. This committee is responsible for reviewing the details of the case to make a determination regarding a disciplinary hearing. If the Investigation Committee believes there is a sufficient amount of evidence to support the claim of professional misconduct, disciplinary charges are likely. Depending on the nature of the case, there’s a chance that the matter will be made public. This generally happens when the issue is considered a public health risk. If that’s the case, the physician’s license may be summarily suspended before the hearing takes place.

In the State of New York, penalties in medical disciplinary cases are wide-ranging. Some of the common penalties include:

• Reprimand
• Monetary fines
• Suspension
• License annulment
• Probation
• License limitation
• License revocation
• Community service

Appealing the Hearing Committee’s Decision

If you are a physician and your license has been negatively affected by a charge of professional misconduct, you can appeal the decision of the hearing committee under CPLR Article 78. The decision will be appealed through the Administrative Review Board (ARB). The appellate process enables you to challenge the decision.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Being the subject of an investigation by the OPMC can feel daunting. It’s a situation that threatens your livelihood and everything you have worked to achieve throughout your career. This is a situation that should be handled in consultation with an experienced lawyer. We are here to help you understand the process of an OPMC investigation and ensure your interests are protected. Call us for a consultation today or to get answers to any questions you have.