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What can trigger an investigation of a New York doctor?

Doctors' lives are filled with a variety of stresses. Though they often counsel patients to minimize stress in their lives, physicians are themselves often caught between competing pressures to meet the needs of patients, their own families, business interests and regulators.

All of those pressures can intensify when a doctor is the focus of an investigation by New York's Office of Professional Medical Conduct (OPMC). The office investigates complaints of misconduct and coordinates disciplinary hearings based on those inquiries.

For example, the OPMC can open an investigation into allegations that a doctor has practiced with gross incompetence or gross negligence. Other complaints of misconduct that can trigger an investigation include the following:

  • Practicing medicine while impaired by alcohol or drugs
  • Guaranteeing a patient that treatment will result in a cure
  • Performing services unauthorized by the patient
  • Ordering excessive tests
  • Harassing, abusing or intimidating a patient
  • Refusing services because of race, creed, color or national origin
  • Failing to properly document patient encounters, treatment and the basis for prescribing medication
  • Being convicted of a crime
  • Knowingly making or creating false medical records with fraudulent intent
  • Engaging in acts involving dishonesty and corruption
  • Physical or mental disability
  • Abandonment or neglect of a patient in need of immediate care
  • Failure to properly maintain a patient's medical records

These and other complaints can result in an OPMC investigation that can threaten a medical license, practice, reputation and livelihood. An attorney experienced in representing physicians at all stages of inquiry can protect your rights and interests.

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