NYC Healthcare License Defense Attorney
New York Healthcare License Defense Attorney
You have worked hard to earn your license. You work hard to do what you do best – practice your profession. Unfortunately, your livelihood, your career, your professional reputation are hanging by a hair when you are accused of misconduct by your licensing board. In the time of need and desperation, we are here to help. New York healthcare license defense attorneys with Joseph Potashnik and Associates have helped countless clients keep their professional license and move on with their career.
At Joseph Potashnik and Associates we have years of real life-tested experience of defending doctors, nurses, dentists, physical therapists chiropractors, pharmacists, mental health professionals, and other licensed professionals at all stages of disciplinary investigations and litigation before New York State Education Department, Office of Professional Discipline, Office of Professional Medical Conduct, medical boards, and the DEA.
Because a significant part of practice is dedicated to criminal defense, we are experts on handling cases involving healthcare professionals accused of criminal misconduct in state and federal courts. We have represented numerous healthcare professionals in criminal cases that could have ended their careers – and gave them another chance. Healthcare fraud, including Medicaid and Medicare, and private insurance fraud, no fault fraud, diversion of drugs, drunk driving, sex crimes, patient abuse, we have handled just about any type of criminal case involving healthcare professionals.
Whether you are accused of misconduct by your employer or are investigated by your professional board or are charged with a crime, there is absolutely no substitute to having a dedicated, experienced attorney on your side to hold your hand and show you the way out of your predicament. There are many firms to choose from and you should not choose at attorney just by reading about them on their website. You are a smart professional and you can make your decision after interviewing the attorneys and asking about their experience. We encourage you to speak with us about our experience and past cases, read our reviews, and see for yourself what we can do for you.
We are small enough firm to give your case the personal attention it needs and we are powerful enough to provide the most aggressive and effective representation to achieve your goals. And we know what your goals are. After years of defending healthcare providers, we understand how easy it is for a honest and hard working person to be accused, how easy it is to lose something you worked so hard to keep – undeservedly so. When you are accused of something that can end your career, we help you get by and move on.
New York Medical License Defense Attorney
At Joseph Potashnik and Associates we routinely represent physicians and physician assistances before the Office of Professional Medical Conduct (OPMC), which is part of the Department of Health. The OPMC’s s function is to investigate and discipline physicians and physician assistance licensed in New York for professional misconduct. Doctors under OPMC investigations are exposed to great risk of a disciplinary action which could have a life-lasting detrimental effect on the physician’s career and livelihood. If you are under a disciplinary investigation by the OPMC, you need the help of experienced and dedicated counsel with a solid track record of successful representation of physicians. You will find this help at Joseph Potashnik and Associates, PC.
READ MORE on New York OPMC Investigations and Medical Misconduct
New York Nursing License Defense Attorney
Nursing is an honorable and hard job and nurses are one of the most dedicated and hard working healthcare professionals. They are also the most overworked and under appreciated in the healthcare industry. We have represented hundreds of registered nurses as well as LPN in disciplinary cases and it is heartbreaking to see how many times nurses become subjects to prosecution and discipline when the often do not deserve it.
In New York, RNs and LPNs are subject to the jurisdiction of the New York State Education Department, Office of Professional Discipline (OPD). The OPD is authorized to investigate and discipline nurses for professional misconduct. If you are investigated for Nursing misconduct by the OPD, your license and your employment are in jeopardy and you need Joseph Potashnik and Associates to help you. We have handled just about any case involving nursing misconduct from negligence to diversion of narcotics to failure to document to unauthorized practice and we know exactly what to do to provide you with the the best legal defense.
Consequences of Criminal Conviction on Professional License
Being convicted of a crime is one the types of professional misconduct that will result in professional discipline. In New York, there are two types of crimes, misdemeanors and felonies.
If you are convicted of either one, you will be subject to professional discipline. For all practical purposes, a conviction means that you plead guilty to a crime or are found guilty of the crime by jury – the result is still the same.
If charged, what do I do to protect my professional license?
The best outcome for you, of course, is to avoid a conviction. In many cases it means going to trial and getting acquitted, and you can’t depend on that in all cases. If your only option is to work out a plea agreement, your lawyer’s negotiating skills become extremely important. Getting a plea deal that minimizes your exposure to professional discipline is no always easy. There are many things that could be done, however.
I am charged with a FELONY, what can be done?
If you are charged with a felony, generally a felony conviction will result in harsher discipline by the State compared to a misdemeanor conviction. It is also possible in some cases to negotiate a conditional plea that will allow you to re-plead to a lesser included offense, sometimes even to to a non-criminal offense after some time. That would remove the conviction retroactively.
If a re-pleader is not an option and it looks like your options are trying to case or pleading guilty to a crime, be aware that the nature of the crime also matters a lot when your case will be reviewed by the Office of Professional Discipline (OPD). For example, cases involving convictions for sexual misconduct almost invariably will result in license revocation, even if the conviction is a misdemeanor.
Provider accused of Medicaid Fraud
If you are a healthcare provider accused of Medicaid Fraud, the conviction will result in your removal as a Medicaid provider, meaning that you will be unable to provide any service for which Medicaid pays (which means most health care facilities).
How to mitigate damages
One way to mitigate such consequences is to negotiate your allocution with the prosecutor. Allocution is the statement recorded in court that describes the crime committed. When the judge accepts your plea, he or she will ask you what you did. This will become part of the record and will be available to the disciplinary authority later when they decide what punishment you should receive. If the prosecutor agrees, the charge and the allocution could be changed, meaning that you will plead guilty but your allocution will be limited to certain facts only, limiting your disciplinary exposure.
New York Professional Licensing Attorney
With the exception of attorneys and doctors, all professions in New York are regulated by the State Education Department and all licensed professionals are subject to investigations by the the Office of Professional Discipline (OPD) for professional misconduct. We have represented numerous licensed professionals such as pharmacists, dentists, physical therapists, chiropractors, mental health providers, and civil engeneers before the OPD. We have achieve spectaculars results for many of our clients, even in matters where other attorneys failed and we got involved later in the process.
If you are investigated by the OPD for any type of misconduct, call New York Professional license defense lawyers of Joseph Potashnik and Associates to set up an immediate consultation.