http://www.fightingforyou.com/medical-malpractice

19th March 2010
By Ima Johnson in Medical Malpractice
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There are indeed a lot of questions which patients should ask before getting into the tedious battle of filing a claim against a negligent medical professional. Some of these questions could be very practical but the lack of knowledge and training for the patient really requires the assistance of experts or any of the New York medical malpractice lawyers. It is necessary to know the right answers before venturing on a claim so that time, money and other resources would find their worth in the end.

The first question related to any medical malpractice claim is the role of the OPMC or the Office of Professional Medical conduct. This agency is geared to protecting the general public through professional investigation of malpractice cases that involves doctors and other healthcare providers. This agency is also responsible in coordinating hearings based on the result of their investigation. They are also expected to monitor physicians whose licenses are deemed under probation or under temporary surrender.


Moreover, patients should also have a clear understanding of the real nature of a medical misconduct. The following could be considered as actions of improper medical interventions: gross incompetence, gross negligence, under the influence of alcohol, physical or mental disability and drugs during the conduct of work, crime conviction, false reports and especially the refusal to conduct expected services in cases where the need arises.

Those who believe that they have been victims of medical misconduct could definitely file a complaint to the OPMC located at NYS Department of Health, 433 River Street, Troy NY 12180-2299. The office also entertains follow ups and questions through the contact number 518-402-0836 or 1-800-663-6114. Once a written complaint if filed, the agency initiates the investigation.

Medical malpractice lawyers New York is especially trained to work with the OPMC. This means that any conduct of verification should be in adherence to the requirements of the investigating institution. Your lawyer should know that a claim against a medical professional is serious such that supporting pieces of evidence should be provided. In this light, it is also assured that any complaint is deemed confidential.


Once sufficient evidence was submitted to verify the claim, the OPMC then requires the conduct of a hearing. A disciplinary hearing committee takes charge. This is composed of two physicians and one ordinary individual. They are responsible in finding out either guilt or innocence. Furthermore, the OPMC has the right to revoke the license of the medical professional responsible of the negligent act.

Other disciplinary actions could be imposed to the accused party including re-education, retraining, paying of fines, and conduct of community service. However, the OPMC cannot, in any way, require the physician to change diagnosis, reimburse expenses or alter an opinion.

This information is very useful in letting patients know that they have an ally against professional healthcare providers who are not working according to their job requisites. They also have to know the importance of proper procedures in terms of complaints that are as serious as medical malpractice. The injured patient is always given that justice as long as claims are verified and accusations are proven right.

For further inquiries about the due processes in terms of medical misconduct , consult a New York medical malpractice lawyer or log on to fightingforyou.com/medical-malpractice.
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