After spending years and thousands of dollars to receive you dental license, you don’t want to risk your dental practice and your means of income by losing the license. Charges of professional misconduct could mean the loss of your dental license through a suspension, or even losing your dental practice, if you do not have the proper defense.
Our attorneys represent dentists from all over the New York metro area in all areas of disciplinary cases involving professional misconduct allegations and criminal matters. Our attorneys specialize in dental license defense and are knowledgeable in the laws and regulations that oversee the practices of dentists in New York. Our attorneys are also experienced criminal defense and appeal attorneys that are fully capable of providing you with their valuable expertise throughout their representation.
When do you need a Dental License Attorney?
There are several statutes and regulations that govern dentistry in New York including Article 133 of New York Education Law. Part 29 of Rules of the Board of Regents and section 6509 of New York Education Law is where the definition of professional misconduct for dentists in New York is found.
Any dentist that has been found to have committed some form of professional misconduct is then subject to discipline. These are the most common examples of dental professional misconduct in New York:
• Conviction of a crime
• Fraudulent practices
• Practiced beyond authorized scope of practice
• Practiced with negligence or gross incompetence
• Practiced while intoxicated or impaired by drugs, alcohol or mental disability
• Drug use
• Splitting fees unlawfully
• Unauthorized person practicing professional duties
• Sexual or physical abuse of patients
• Filed false reports
• Failed to keep proper records
• Excessive and unnecessary test ordering
A New York dentist may have a disciplinary process started against them by a complaint being filed with the Regional Office of Professional Discipline (OPD) who is then in charge of investigating the complaint.
What happen in an OPD Investigation of a New York Dentist?
During the investigation, the New York dentist will be notified by an OPD investigator of the investigation and that a complaint has been filed. At this point, it is imperative that the dentist under investigation contact an experienced attorney that has knowledge of OPD actions before they talk with the investigators. Whatever information the agency may obtain at any point in the investigation becomes a part of the investigative report so it is extremely crucial to be properly represented during any time you speak with an investigator. Any information gained without counsel present could be potentially damaging to the dentist’s case and could get them suspended or they may lose their license.
If you are a dentist that has been contacted by an investigator regarding a misconduct matter, it is important to contact one of our experienced attorneys. They have experience dealing with the defense of dental licenses and they can discuss the matter with you and, most importantly, take over the case for you. This also applies when a dentist is under the investigation of law enforcement for any criminal activity.
A criminal conviction is also considered professional misconduct. Any information that a dentist gives an investigator or law enforcement official can be used against them and then make any future defense a lot more difficult. When a dentist is approached by law enforcement regarding a criminal matter, the dentist should insist on contacting any attorney that can help them through the investigation.
If a New York dentist is found guilty of professional misconduct, the dentist will then face a disciplinary action that can include the following.
• Maximum fine of up to $10,000 per charge
In addition, dentists that are found guilty of professional misconduct or a crime may be barred from participating or memberships with Medicare, Medicaid and third party organization such as hospitals or insurance companies.
Our attorneys have experience defending dentists from the OPD and have been successful in many cases involving disciplinary matters of dentists in New York. Types of cases included:
• Represented a dentist accused of negligence by a former patient
• Represented a dentist accused of poor record keeping
• Represented a dentist accused of gross negligence with resulting injury to the patient
• Represented several dentist in insurance frauds cases
Each case is unique and we can work with your individual circumstances to provide you with a successful outcome. Our attorneys guarantee you that they will work aggressively and tirelessly to represent you against any charges and pursue your case until the best possible outcome has been reached.
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