What happens if a complaint is filed against me with the New York Department of Health Office of Professional Medical Conduct and Physician Discipline?
Complaints are reviewed by investigators and medical staff. If the allegations in the complaint are deemed to be under the jurisdiction of the Office then the matter is assigned to an investigator. If the investigation reveals that there could have been misconduct then the matter is referred to an investigation committee. The investigation committee can recommend that the matter go to a hearing, that more investigation is necessary, that a dismissal is warranted or it can issue a warning to the doctor. If the committee finds that there is an imminent danger then it can order that the physician’s license be summarily suspended. If that happens, or if the committee decides to go to hearing, then a formal hearing is scheduled. A hearing is an official proceeding that is heard by a committee of the Board which consists of two physicians and a layperson. The committee hears evidence from both sides who are most often represented by attorneys. If the physician is unhappy with the decision of the committee it can appeal to an Administrative Review Board.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.