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Spodek Law Group

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The Spodek Law Group is a nationwide law practice that handles virtually every type of federal case. We have a nationwide presence, and experience handling all types of federal cases, ranging from appeals, to employment law, criminal defense, and more. We’re not your average law firm – we are a second generation law firm, that is now led by attorney Todd Spodek – a reputable, and celebrity criminal defense lawyer. Our focus is helping our clients move forward with their lives and get the legal solution they need.

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New York Optometrist License OPD Lawyers - Buffalo Criminal Lawyers

Legal Counsel for New York Licensed Optometrist

The Professional Medical Conduct Health Office of the New York State Department is the agency that dispenses disciplinary penalties after investigation and trial. Ruinous sanctions for optometrists that can include censure, loss of medical license, letter or reprimand, and probation.

Our team of optometrist medical license defense lawyers here at Health Care Law Associates are reliable in representing optometrists in disciplinary proceedings and investigations launched by the OPMC (Office of the Professional Medical Conduct), a division of the New York State Department of Health.

Put our experienced legal resources to work for you if you are a New York optometrist or a medical professional dealing with claims of professional negligence. Our firm is highly touted as the region’s foremost professional negligence and health care defense practices. We earned our reputation by locking down a long list of favorable settlements and dismissals for our physicians.

With our highly regarded partners at the helm, who are celebrated for their outstanding top notch legal performance, we stand out from the rest. Our partners have been indicated among the New York Super attorneys each year since 2007. Our well versed and experienced team of attorneys provides, to professionals facing accusations of optometric malpractice, relatively economical services.

Health Care Law Associates offer a wide array of services which includes a thorough understanding of all the potential mishaps that can trigger an optometric negligence case, such as:

  • The national health care legislation and such regulations as the Health Insurance Portability and Accountability Act (HIPAA) and its impacts on optometric practice.
  • The kinds of obligations that are imposed on optometrists by the New York state Optometrists Association and the New York State Office of Professions.
  • An understanding of the methods that optometrists utilize to execute their medical eye services.

When the professional license of an optometrist is in peril, we are available to assist.  Some of the most critical work we can take on for you. There is a wide range of possible claims that can be brought against an optometrist by the OPMC, but the majority of the cases we see come under these categories.

License restoration

Once an optometric medical license is revoked, an optometrist has to wait for three years before being allowed to re-apply to get a license restoration decision. In addition to handing in an application and the $750.00 fee, an optometrist reapplying for his license is asked to furnish other supporting documents to the New York State Department of Education. A license restoration application process is complex indeed. A full understanding of the Board Regents is critical long before you begin the application process. One can only have one’s license returned to them if the board finds an irrefutable and compelling reason to grant the request when they compare it to the misconduct that triggered the revocation of the license in the first place.

Be aware that receiving an optometrist medical license is not a citizen right, but instead, it is a privilege that the state can choose to grant or not. The license privilege can be earned and in this particular circumstance you have an arduous task to perform to demonstrate to the board all the possible causes to convince them to give you back your license to practice.

The Board Regents conducts an exhaustive review of all the details of your application before deciding whether they should reinstate your license or not. A complete evaluation will be carried out to arrive at the determination of whether the optometrist displays genuine remorse about the behavior that led to the revocation of the license in the first place. One should understand that arguing on the implication that the state illegitimately revoked one’s license is never a wise position to argue. The venue in which to make that argument was in the original matter, which has long passed and they were not convinced of that at the end.

They will also need to arrive at a decision as whether the behavior could potentially happen again. Frequently, this is at issue when the original reasoning for revoking your license had to do with sexual misconduct or substance abuse. The safety of the patient is always the central focus for the board. You are going to need to convince them beyond the shadow of a doubt that this misconduct that landed you in hot water in the beginning will never happen again. To effectively convince them of this, you will need to demonstrate to the board that you took the necessary steps in the form of rehab programs and the like to assure them that you have done everything possible to refrain from posing any future risk to the public after your license is restored.

On top of that, you need to demonstrate to the board that you have continued to accumulate updated qualifications to practice as an optometric provider. You can show this by presenting evidence that you have been keeping yourself on top of the current optometric aptitude. Also, you should demonstrate that you continued to educate yourself throughout the time you were unlicensed and out of practice. Do not attempt to enroll in some optometric courses a few months before submitting your case.  This won’t work.

A heavy burden of proof is upon you to satisfy the board that they should indeed restore the license to you. Careful preparation is essential if you are to succeed in your pursuit of restoration. You also need to get affidavits from five individuals who are acquainted with the circumstances under which your license was revoked and will swear to the board that your general conduct has improved since then. Of the five, three of these must be fellow licensed optometrists. Actually, what this amounts to is the fact that you should really start planning for the restoration of your optometric license almost immediately after revocation to increase your odds of succeeding. Show the board how serious you are and that you have put much effort into righting your wrongs. It is essential that the board is confident that you won’t retrogress into the same bad conduct that brought you before them three years before.

Among our clients are optometrists and other medical professionals dealing with license defense cases before other professional disciplinary agencies including the (OPMC) Office of the Professionals Medical Conduct. Indeed, we also represent hospitals and health facilities with deficiency issued statements by the Department of Health in New York State. We represent optometrists and other professionals in proceedings before the Education Department in New York State.

Get in touch with us to have a consultation with our respected New York optometrist license defense attorneys about your case.

 

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