| Q. What is medical misconduct? |
| A. Professional medical misconduct includes about 50 different kinds of behavior including fraudulently obtaining a medical license, discrimination during the course of treatment and incompetence. A complete list of definitions and behavior considered to be professional misconduct can be obtained from New York Education Law Section 6530. Back to Top |
| Q. What is medical malpractice or ordinary negligence by a physician? |
| A. Ordinary negligence by a physician, or medical malpractice, is when the physician's acts or omissions constitute a "departure from good and accepted medical practice" in the treatment of a patient. A physician may be found to have departed from accepted medical practice if s/he fails to treat the patient within the standard of care of his/her medical speciality. An investigation by OPMC for physician misconduct can be brought about on the basis of reports of two or more instances of departures from accepted medical practice. Back to Top |
| Q. What is gross negligence by a physician? |
| A. The courts have had difficulty in defining the difference between "ordinary" negligence and "gross" negligence. But they do recognize a difference. Gross negligence evinces a reckless disregard for the rights of others or smacks of intentional wrongdoing. In other words, gross negligence is an act or omission of an aggravated character, as distinguished from the failure to exercise ordinary care. Back to Top |
| Q. Does an error of judgment constitute professional misconduct? |
| A. Generally, no. An error of judgment is not malpractice. An error of medical judgment occurs when a physician has two or more acceptable treatment options, but choses what in hindsight turns out to be the wrong one. Back to Top |
| Q. What is incompetence? |
| A. A physician is incompetent when s/he does not have the basic skills or knowledge to practice medicine. Gross incompetence is a complete and extreme lack of those skills and knowledge. Back to Top |
| Q. What is impairment? |
| A. Impairment is when a physical disability prevents a doctor from practicing medicine with skill and dedication. Impairment also includes substance abuse. Back to Top |
| Q. What is the Office of Professional Medical Conduct? |
| A. The Office of Professional Medical Conduct (OPMC) is a New York State Department of Health agency that receives complaints from patients, family members or friends of patients, health care workers, hospitals, medical societies, government agencies and other agencies. After receiving a complaint, the OPMC conducts an investigation. Back to Top |
| Q. How does the OPMC investigate complaints? |
| A. The OPMC conducts an interview with the physician, giving the physician an opportunity to explain the situation being reviewed. A committee comprised of two physicians and a lay person (all members of the Board for Professional Medical Conduct) can dismiss the case or can refer it for a hearing. A committee can also recommend that the physician's license be suspended summarily if the physician poses an immediate risk. Back to Top |
| Q. What is the difference between a OPMC investigation committee and a hearing committee? |
| A. A hearing committee reviews the case referred from the investigation committee. The hearing committee is also comprised of two physicians and a lay person. OPMC and the physician may both present evidence pertaining to the complaint, and then the committee decides whether to dismiss the charges or issue a sanction against the physician. Back to Top |
| Q. What kinds of sanctions can the hearing committee hand down? |
| A. The sanctions range in severity including administrative warnings, censure, reprimand, suspension of license, probation, retraining or even revocation of the license. Back to Top |
| Q. What is an administrative warning? |
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| Q. Is there any recourse once the hearing committee has made a decision? |
A. As with court cases, either OPMC or a physician can appeal the decision of the hearing committee. During the appeal process, the penalty handed down by the hearing committee is suspended until the Administrative Review Board (consisting of three physicians and two lay people) renders its decision. Additional appeals can be directed to the Committee of Health and to the courts. |
