A person may sue for a medical malpractice claim if he or she can prove that a health care provider made an error in his or her treatment and that this error injured him or her. For example, a doctor could be held liable for malpractice if he or she treated the patient in a way that did not follow what the law calls the “medical standard of care” in that specific region for a particular medical problem. In determining whether the doctor’s treatment fell below the standard of care, most courts use what is known as the “comparable standards” test. That means that a judge or jury will compare the physician’s actions to the way a similar medical professional would have handled the case in the same situation in the same part of the country. A medical license defense lawyer can provide invaluable assistance in these situations, helping healthcare providers defend against claims of malpractice.
In addition to focusing on the standard of care, a New York medical malpractice lawsuit is usually brought within a time period that is called a “statute of limitations.” In the state of New York, the statute of limitations for most malpractice cases begins to run on the date of the medical negligence, or when the injury should have reasonably been discovered. However, there is an exception to this rule. New York Civil Practice Law and Rules SS214-a provides that a medical malpractice action based upon the discovery of a foreign object in a patient’s body may be brought within one year after such discovery or the discovery of facts which would reasonably lead to such discovery, whichever is earlier. This highlights the importance of consulting a medical license defense lawyer to navigate the complexities of filing a claim within the appropriate time frame.
Besides the statute of limitations, there are other medical malpractice laws in New York that must be considered when pursuing a lawsuit against a health care provider. The most important of these is that a victim must have been harmed as a result of the health care provider’s actions or omissions. The victim must also be able to show that the health care provider breached his or her duty to treat the patient with reasonable skill and care. A medical license defense lawyer can help healthcare providers understand these obligations and prepare a defense strategy that demonstrates adherence to the medical standard of care.
In addition to focusing on malpractice lawsuits, the State of New York also investigates complaints against physicians. This is done through a department called the Office of Professional Medical Conduct (OPMC). Having a skilled medical license defense lawyer in your corner throughout the entire process is crucial. Complaints that raise possible misconduct issues are assigned to an investigator. In order to avoid potential disciplinary actions, doctors should be willing to cooperate fully with any investigations that might come their way. This includes responding to written communications from OPMC and making available records requested for review. Failure to do so can be grounds for a disciplinary action under the state’s medical malpractice laws. A medical license defense lawyer is crucial in these situations, offering guidance on how to effectively respond to investigations and protect the healthcare provider's license and professional standing.
In the course of their professional practice, physicians must often balance what the law requires with what they believe is the right thing to do. For instance, some medical professionals may face a situation in which the law requires them to disclose information that violates the AMA Code of Ethics. The Code states that doctors should be honest in all professional interactions. A medical license defense lawyer can provide crucial guidance in these situations, helping physicians navigate the complex interplay between legal obligations and ethical standards.
One of the most important tenets of medical ethics is the principle of beneficence, which requires that doctors do what is best for their patients. This includes ensuring that they provide the most effective treatment and that they do not harm their patients in the process. Physicians who fail to uphold the principles of beneficence and nonmaleficence are violating their ethical obligations. One such violation occurs when doctors do not disclose medical errors to their patients. In such cases, consulting with a medical license defense lawyer can help determine the best course of action to rectify the situation while minimizing potential harm to both the patient and the physician's professional standing.
The Code of Ethics also states that doctors should not knowingly conceal information that could be damaging to their patients. This can include failing to inform patients about their diagnoses and treatments or inadvertently causing a patient to experience undue psychological distress. Failure to disclose these types of mistakes can harm patients by making them worry needlessly about their health or prolonging their hospital stay. A medical license defense lawyer can advise on how to properly disclose such information and address any resulting legal concerns, ensuring compliance with both ethical and legal standards.
Physicians should not be afraid to speak out if they believe that the law or the AMA Code of Ethics conflict with one another. In fact, the AMA’s Ethics Division encourages doctors to contact the division when they encounter conflicts between what the law requires and what they consider to be the right thing to do. The division can help them resolve the conflict and still comply with the law. A medical license defense lawyer can also assist in these situations, providing legal advice on how to uphold ethical standards without violating the law.
There are a number of different laws that physicians must obey in addition to the Code of Ethics, including fraud and abuse laws like the False Claims Act, the Anti-Kickback Statute, and the Stark Law. These laws are designed to prevent healthcare providers from engaging in fraudulent activities that result in unauthorized payments or violations of Medicare and Medicaid regulations. They are enforced by government agencies, including the Department of Justice and the Centers for Medicare & Medicaid Services. A medical license defense lawyer is instrumental in helping physicians understand these laws and defend against accusations of fraud or abuse, thereby protecting their licenses and their ability to practice.
In addition, the Code of Ethics requires physicians to report suspected violations. This can be done in a litigation or non-litigation context, and the report must be made to a tribunal that has the power to investigate or act upon the violation. This tribunal can be a court of competent jurisdiction or a body with enforceable subpoena powers. Physicians who fail to report a suspected violation are in violation of the Code of Ethics and can be subject to disciplinary action. In these scenarios, a medical license defense lawyer can provide guidance on how to properly report suspected violations and navigate any subsequent investigations or disciplinary proceedings.
In many states, licensed physicians are required to maintain medical malpractice insurance to ensure they can be financially compensated if they are accused of professional misconduct. Unfortunately, even though New York medical malpractice laws provide a great deal of protection for physicians, they can still be investigated and sanctioned by the state’s Department of Health Office of Professional Medical Conduct (OPMC). This is not something that most doctors anticipate or prepare for when they finish med school, and it can have devastating consequences for their career. A New York medical license defense lawyer can be instrumental in navigating these complex issues and safeguarding your professional standing.
When you receive a letter or call from an investigator, it is critical that you take action immediately. The most common mistakes that medical professionals make in this situation involve attempting to defend themselves without the guidance of a seasoned lawyer. This can lead to a number of serious errors that can harm your case. Instead, contact a knowledgeable New York medical license defense lawyer as soon as possible to begin building a strong and effective strategy. When it comes to your career and reputation, you cannot afford to wait.
It is also important to understand that the OPMC does not typically favor healthcare providers, even if they are completely innocent of any wrongdoing. This is particularly true in cases that involve criminal healthcare crimes like drug felonies or substance abuse. That is why it’s critical to hire a New York medical license defense lawyer who has an in-depth understanding of the law and years of experience defending healthcare professionals from state medical board investigations, lawsuits, and other disciplinary actions.
You should also avoid making the mistake of failing to respond by the deadline set by the OPMC for your response. The reason this is a bad idea is that it will deny your attorney the time necessary to review the alleged violation, identify any appropriate defenses, and submit their arguments for you at your formal hearing. A skilled medical license defense lawyer will ensure that all deadlines are met and that your defense is thoroughly prepared.
Lastly, do not make the mistake of divulging too much information to OPMC investigators or any other party in the course of the investigation or at your hearing. The OPMC has very strict guidelines regarding what you are allowed to disclose in the course of an investigation, and it’s crucial that you follow these rules closely if you want to preserve your right to remain silent. A medical license defense lawyer can advise you on what information should and should not be shared, protecting your rights throughout the process.
Ultimately, the most important thing you can do to protect your career and future is to seek the counsel of an experienced New York medical license defense lawyer as soon as possible. The seasoned team is highly skilled in handling OPMC investigations and hearings and has a proven record of successfully representing healthcare professionals in the face of disciplinary actions from the OPMC. They can help you defend your medical license and the career you have worked so hard to build, so don’t hesitate to reach out today for comprehensive legal support in all New York licensing matters.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
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