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Health Care Law

New York Attorneys Representing Doctors and Medical Staff Members

Doctors and other health care providers may face various types of legal issues and disputes over the course of their careers. The resolution of these matters can be sensitive. Employment contracts, which govern an employment relationship, are often drafted by employers that have greater power than individual doctors or nurses do. An employment contract that is severely restrictive can make it difficult for a health care professional to advance his or her career. There are also circumstances in which civil litigation or criminal charges can harm a career. The New York health care lawyers at Gerstman Schwartz can represent doctors and other medical staff members in any of these settings. We never represent hospitals, committing solely to representation of individuals.

Employment and Separation Agreements

Employment agreements may include basic terms like salary and start date, but they can also include restrictive covenants and provisions related to an employee’s termination. The terms and conditions of an employment agreement or a separation agreement can affect your work life. For example, a separation agreement may offer you severance if you agree to give up your right to bring claims, such as discrimination claims. To best understand your options, you should retain an employment attorney who also understands the potential health care law issues that may affect your situation.

Disciplinary

Each state has its own health care licensing board. The Office of Professional Medical Conduct is the New York entity that conducts investigations into disciplinary matters. You should be aware that disciplinary matters can have a substantial effect on your employment; they may not just go away. Actions taken could include permanent revocation of a doctor’s license or suspension of a doctor’s license to practice medicine. Often, information about whether disciplinary action has been taken against a doctor can be found online for free by consumers, so disciplinary action can have a significant impact on a doctor’s business, along with his or her ability to practice. It is important to retain a health care attorney in New York who understands how the OPMC works and how best to defend against disciplinary action.

Criminal Defense

Under certain circumstances, doctors and medical staff may face criminal charges related to their professional actions. These can include manslaughter, criminal sale of a prescription, falsification of business records, drug trafficking, and health care fraud. Additional crimes that may be tacked onto health care fraud charges include False Claims Act violations, kickbacks, RICO violations, and HIPAA privacy violations. A New York Court of Appeals has even ruled that physicians can face criminal homicide charges under certain conditions when the drugs that they prescribe are used by a patient during a fatal overdose of medication. Due to the gravity of criminal charges, a doctor should make sure to get an experienced advocate in their corner promptly.

Audits

Auditing in the medical profession consists of reviewing policies and procedures, as well as coding accuracy. While some audits are standard and uneventful, more complex audits can require legal representation. For example, a medical professional may want to retain a New York health care attorney when they are undergoing an audit based on changes in billing practices, the services that they are offering, or the equipment that they are using, among other issues. Audit procedures must follow HIPAA and other applicable laws. If we guide you through a significant audit, an independent auditor may assist us in making sure that the audit is conducted properly.

Civil Litigation

We also represent health care professionals in civil litigation. Probably the most common lawsuits brought against health care professionals are medical malpractice claims. In addition to resulting in substantial financial costs, a medical malpractice lawsuit can permanently damage a doctor’s reputation and ability to practice. We understand the importance of minimizing or avoiding any consequences of litigation. Other examples of disputes that can occur in the context of civil litigation include contract disputes and claims of discrimination.

Investigations

The OPMC shields the public by investigating complaints of professional violations by doctors and physician assistants. It looks into allegations related to matters such as fraud, gross negligence, improper guarantees, ordering excessive tests, or harassment. Since investigations can result in disciplinary actions, it makes sense to hire an attorney early in the process. We may be able to prevent disciplinary action by persuasively presenting your position.

Seek Advice or Advocacy from a Skilled Health Care Attorney

Gerstman Schwartz is dedicated to protecting the interests of doctors and other medical employees. We represent individual health care providers (but never hospitals) in the five boroughs of New York City and on Long Island. Call us at (212) 227-7070 or contact us online for a free consultation with a health care lawyer in New York.

Client Reviews
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Excellent caring and dedicated attorney. He wants the best and gets the best for his clients. L.P.
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I'm so glad I hired GerstmanSchwartz to handle the separation from my hospital employer. They "bought" my practice and immediately things went bad. The firm resolved it by formulating a separation from the hospital so I can resume a private practice. Dr. Jeff