New York Dental License Defense Attorney
Our New York Dental License defense lawyers dedicate a substantial part of our practice to representing dentist in disciplinary matters and misconduct proceedings before the the State Department of Education Office of Professional Discipline (OPD).
We are extremely qualified and have successfully represented dentists in every step of disciplinary and post-disciplinary process, including the OPD interview preparation and representation, negotiations, disciplinary hearings, and license restoration proceedings.
Professional Conduct proceedings in New York are regulated by NY Education Law. The statute list approximately 40 types of professional misconduct. A dentist found to have committed any of them is subject to disciplinary sanctions by the state. The OPD investigates all suspected professional misconduct committed by licensed professionals including dentists. An investigation may be triggered by various factors, including a criminal conviction, a patient complaint, an independent investigation conducted by another agency, etc.
If an investigation indicates that misconduct took place, the OPD will inform the dentist that he or she is under a disciplinary investigation and will request a personal interview and/or certain documentation, usually patients charts. Unless the matter is resolved informally, it will eventually proceed to a hearing, an adversarial proceeding similar to criminal trial.
When you receive the OPD interview letter, you need to understand that as a licensee, you have an obligation to comply with the OPD investigation. You could be penalized for ignoring it. However, you have no duty to speak with the investigator. In fact, we advise in most case against speaking with investigators. The problem is, you may be making damaging statements which the OPD prosecutor will use against you. by making these statements, you may compound the problem, making your case more difficult to defend. Speak to our experienced OPD attorneys immediately before contacting the investigator.
We have represented scores of dentists before the OPD, always achieving great results. We are in a better position to help you save your license and your livelihood than anyone else. Do not try to handle the case on your own – you are a dentist, not a trained defense attorney. And retaining an inexperienced lawyer is no better than trying to handle the case on your own. In many of our cases involving dentists we were able to achieve spectacular results for our clients.
If the matter is not resolved before the hearing, and the hearing results in finding of misconduct, the dentist may be subject to censure and reprimand, suspension of license, revocation of license, annulment of license or registration, limitation on registration or issuance of any further license, and a hefty fine.
In addition, the licensee may be required to undergo additional training and perform public service. If found guilty, the dentist may also loose hospital privileges and an ability to participate in certain healthcare plans.
Most professional misconduct investigations begin with a telephone call, or a letter from an investigator requesting that the physician answer questions about the alleged incident. As inviting as it may sound, the professional’s worst choice is to voluntarily submit any information or answer questions prior to consulting with an attorney.
The result of being found guilty of professional misconduct will probably have a debilitating effect on the accused person’s dental practice and personal life. This is why it is absolutely crucial for any New York dentist accused of professional misconduct to contact an experienced OPD attorney immediately.
At Joseph Potashnik and Associates PC, our defense attorneys will carefully review the facts of your case. We will review the documents and advise you on the possible outcome of the case – and on the best defense position you should take.
We will prepare you for – and accompany you – to the interview if we determine that you should be speaking with the investigator. We will deal with the investigator on our own if we determine that it is in your vest interest. However, we always strive to first resolve disciplinary matters through negotiations to achieve the most favorable outcome. And we will vigorously defend you at the hearing if your case requires that.
We are one of very few New York law firms with permanent professional license defense practice. We handle a number of the OPD cases at any given time. If you are subject to the OPD investigation, contact us today!