There’s a lot of work that goes into getting to the point where you can practice medicine, so for those who are practicing in the Buffalo Metropolitan Area, their license isn’t just a piece of paper. Instead, it’s proof of their hard work and dedication, and the cornerstone of their life. Whether you work at Buffalo General, Mercy Hospital of Buffalo or Erie County Medical Center, issues with your license can have real consequences on your reputation and the career you’ve worked so hard to build.
If you or someone you know is facing licensing issues with the Office of Professional Medical Conduct (OPMC), the LLF National Law Firm can help. Whether you require help responding to a complaint, navigating an investigation or negotiating a favorable resolution, we can be there for you every step of the process. Call us today at 888-535-3686 or fill out our online form to schedule a consultation with our Professional License Defense Team.
From conduct-related issues to billing-related or administrative ones, the LLF National Law Firm can help you protect your license and your career. You don’t have to face these problems alone.
License Defense in the Buffalo Metropolitan Area
If you’re a physician licensed in New York and practicing in the Buffalo Metropolitan area, allegations of issues with patient care, professionalism, billing, or documentation can end up in front of the Office of Professional Medical Conduct (OPMC), which is a branch of the New York State Department of Health (NYSDOH). The OMPC is in charge of imposing discipline for physicians, which can include reprimands, probation, suspension, or revocation, if the OMPC finds a physician has engaged in unprofessional conduct.
Disciplinary procedures are not standard across all states, but the process typically goes like this:
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The process begins with a complaint, which is filed with the Office of Professional Medical Conduct. That complaint can come from a patient, colleague, employer, or even a third party. The OPMC will review all complaints received.
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The investigative and medical staff at the Office of Professional Medical Conduct will review the complaint and determine whether there is sufficient evidence of a possible violation. If there is not enough evidence to suggest misconduct, the investigation is terminated, and the case is closed. However, if the investigation committee finds evidence suggesting misconduct, charges are filed against the physician.
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In cases where there is enough evidence, the case is presented to an investigation committee. The committee can then recommend to the Director any of the following: a hearing, additional investigation, a dismissal of the matter, or non-disciplinary warnings or consultations.
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From then on, a hearing is held before a committee of the Board for Professional Medical Conduct. This board is composed of physicians, physician assistants, and lay members. This committee will decide whether the physician is guilty or innocent and impose penalties when appropriate.
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Either the licensee or the Director of the OPMC may appeal the decision to an Administrative Review Board.
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Our Buffalo Metropolitan Area defense work in New York includes:
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Helping you understand what the charges are, what the process you’re facing entails, and what the consequences could be so you are prepared to make the best decision for your livelihood and your career.
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Crafting a response to the initial complaint, making sure you provide all the information the OPMC needs, without providing the board with anything that might undermine any future defense or that might lead them to further investigation on your conduct, in this specific instance or in general.
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Manage all communication with Board investigators, including providing them with any documentation they might need and being the middleman so you don’t get bogged down with requests you don’t understand.
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Helping you prepare for interviews, anticipating the possible questions you could be asked, making sure you are prepared to respond in a way that doesn’t compromise you, and preparing any statements the Board might require.
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Negotiating any settlements offered, making sure to push back on terms that might not be favorable to you, and suggesting new solutions that can benefit you.
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Representing you at any hearings and in New York courts, if needed.
If you’re facing licensing issues or disciplinary action, the worst thing you can do is try to face it alone. You need the right ally by your side, who understands how Board outcomes can influence things like hospital credentialing, medical staff status, and even employment in the Buffalo Metropolitan area medical community. That’s where the LLF National Law Firm comes in. Let us help you tackle these issues, so you can focus on what you do best, your job.
What Can Cause Physician License Problems in the Buffalo Metropolitan Area
Not all physicians who face disciplinary actions by their boards are “bad doctors” who “don’t care about patients.” There are many issues the Board can investigate that don’t even have to do with patient care, but that can sometimes be traced back to the problems that come with high-volume care in major health systems. These problems that have to do with volume affect professions like medicine disproportionately. In the Buffalo Metropolitan area, like in most big metro areas, most complaints against physicians typically fall into the following categories:
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Quality-of-care and clinical judgment concerns. These are common in high-risk specialties like surgery, emergency medicine, cardiology, oncology, and intensive care, and will likely be a significant number of all complaints received.
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Concerns about prescriptions, be it the need for whatever has been prescribed or the dosage. These complaints can sometimes come from misunderstandings of what the doctor wants to achieve, the proper dosage, or the prescription itself. They can also come from documentation gaps surrounding pain management or disagreements over controlled-substance regimens.
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Documentation issues, whether it’s paper documentation or EMR. Common issues include duplicated notes, incomplete forms, or discrepancies between orders, notes, and coding.
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Professionalism complaints, which can include alleged inappropriate relationships or harassment claims, or doctors practicing under the influence of alcohol or drugs.
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Administrative issues, like a missed CME, late renewals, errors on licensure applications, or, in some cases, failure to report prior discipline from another state or agency to the Board.
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Multi-state and telemedicine concerns, which are frequently tied to worries about scope, supervision, or compliance with each state’s rules.
Some complaints will involve conduct that is not considered misconduct and therefore is not under the jurisdiction of OPMC. These can include complaints regarding fees, unless they constitute fraud, and complaints about a physician’s attitude. The specific definitions can be found in State Education Law, Sections 6530 and 6531.
As a physician, you can and likely will find yourself in numerous situations throughout the course of your career where you are facing an investigation. This investigation can come from your state board, medical staff offices, peer review committees, and corporate compliance teams at major employers like Buffalo General, Mercy Hospital of Buffalo, or Erie County Medical Center. No matter which of these you are facing, however, it’s always important not to dismiss allegations as they could seriously jeopardize your license.
Yet, sometimes facing these allegations can become an added headache for physicians, particularly as they fall far from your area of expertise. That’s where the LLF National Law Firm comes in. We will focus on the licensing issues while you focus on your work, making sure you understand the situation and what the correct next steps are. Contact the LLF National Law Firm’s Professional License Defense Team and safeguard your job and your future.
Help for Conduct-Related and Administrative Allegations
Physicians can face a lot of issues, but most of the ones that will end up coming in front of the Board will either be conduct-related or administrative allegations. These allegations can be either serious issues or simple bureaucratic mistakes, but the OPMC will take all matters seriously, which is why it’s important to do the same. When you don’t give these kinds of allegations the attention they deserve, they can turn into a bigger problem that’s harder to get a handle on.
Conduct-related accusations, like claims of impairment, unprofessional behavior, harassment, drug or alcohol abuse, or inappropriate relationships, require special attention. We can help you:
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Understand if the alleged conduct fits within New York’s statutes and regulations, so you can respond in a way that provides the OPCM the information they require without setting yourself up for failure.
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Figure out what the best course of action is at every point of the process, from the best way to defend yourself and present your viewpoint to whether you should agree to remedial programs or practice limitations
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In case it’s necessary, develop a plan that showcases any remedies you are taking in your practice.
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When it comes to administrative, documentation, bureaucratic issues, EMR documentation problems, CME lapses, incomplete applications, failure to report prior discipline, chart deficiencies discovered during audit, or any similar matter, the process might be different. We can help you:
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Clarify the facts and correct any record where possible, so that a simple mistake doesn’t cause bigger consequences than it warrants.
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Collect any proof necessary to establish that patients were not harmed due to whatever conduct is being alleged and/or that the conduct under investigation was not malicious.
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Help negotiate punishments in case the Board or a hospital is going too far in an attempt to punish something that is clearly a mistake.
Any investigation against your license is serious, and it involves a lot of moving parts. Trying to navigate the process on your own is an unnecessary risk. That’s where the LLF National Law Firm Professional License Defense Team comes in. We can help you face the problem head-on and focus on securing the best outcome possible for you, while you focus on your practice.
Why You Should Not Handle License Defense Alone
There’s this idea that if you did nothing wrong, you should have nothing to fear from the Board or from any kind of investigation–but that just isn’t so. Just telling the Board what happened isn’t always enough, because New York licensing authorities are public protection agencies, not neutral mediators. That means they are not required to give you the benefit of the doubt.
What does this mean? Often, it can translate into information you provide the Board being used against you, and attempts to correct a mistake or clarify something being portrayed as dishonesty. But the LLF National Law firm can help.
We understand how licensing bodies work and how the Office of Professional Medical Conduct (OPMC) specifically operates. That means we can prepare for what those bodies require, what type of information we need to provide to them, and anticipate circumstances that might make a Board push for a harsher outcome. We will make sure your story is clear, follows statutory and regulatory standards, and doesn’t invite further scrutiny. We will also follow up and assist you with any issues that come up at every step of the process, so you can have the peace of mind to focus on your practice.
The LLF National Law Firm:
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Understands the Office of Professional Medical Conduct (OPMC) processes and expectations.
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Is prepared for the ways hospital procedures interact with Board decisions and has a strategy for how to tackle both while making sure that there are no contradictions between the two.
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Understands Board correspondence and can decipher the subtext in all communications, which helps with the decision of when to negotiate and when to litigate.
Physician License Defense Help in the Buffalo Metropolitan Area
If the Office of Professional Medical Conduct (OPMC) has been in contact with you, or if you’ve been informed that there will be a hospital peer-review committee to review your conduct, what you do next is crucial. Your career and your reputation are at risk.
But you don’t have to go through it alone. The LLF National Law Firm represents physicians across the Buffalo Metropolitan area in matters involving:
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Board complaints and investigations involving physicians in New York
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Hospital and health-system peer review and medical staff disputes of all kinds
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Negotiation and review of consent orders and remediation plans
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Hearings, appeals, and even coordination of multi-state license issues
Whether you’re facing a Board investigation or a peer review, we can be your ally at every step of the process. Give us a call at 888-535-3686 or fill out our online form and schedule a consultation with our Professional License Defense Team.