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The Anatomy of a Professional Medical Misconduct Hearing

By David S. Klausner
August 31, 2005

Dr. Gold, a well-respected physician specializing in family practice, receives a telephone call from Mr. Tarnish, an “investigator” with the New York State Department of Health (DOH) Office of Professional Medical Conduct (OPMC). Mr. Tarnish wants to ask Dr. Gold a few questions regarding three of his patients. Wanting to help, Dr. Gold answers all his questions without giving them much thought.

A few months later, Dr. Gold receives a letter from Mr. Tarnish requesting copies of medical records for the three patients they previously discussed. Again, he complies. One month later, he receives another letter requesting that he make himself available for an interview. Still believing that he has done nothing wrong, Dr. Gold arranges to go to OPMC's offices and answers questions for about 1 hour.

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