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Criminal Defense For Doctors

Defending Doctors Throughout New York From Criminal Charges

In addition to the woes of medical malpractice charges that haunt doctors and cost them tremendous amounts in insurance, physicians can face healthcare-related criminal charges which can cost them their medical licenses. The Law Office of Mark J. Sacco, in Latham, New York, near Albany, is well-prepared to defend doctors facing such licensing actions. The complicated array of laws and regulations regarding the practice of medicine is daunting. The consequences of failing to comply with all of them can be overwhelming to doctors who are busy enough just trying to treat their patients and earn a living.

We understand the pressure physicians often experience due to the recent increase in federal and state enforcement agencies, such as drug task forces and healthcare fraud strike forces, and that physicians in particular specialties feel at elevated risk. At The Law Office of Mark J. Sacco, we have a well-earned reputation for sharp litigation skills and for using innovative strategies for each case. Even more important, we have a track record of success. We will fight with strength and well-developed strategies to protect your medical license, your livelihood, and your reputation from the negative impact a conviction for health-related violations can bring.

Mark J. Sacco Will Protect Your Medical Licence

After all the hard work and expense you invested in becoming a doctor, the threat of losing your medical license is terrifying. You may not realize the danger at first as the persecution process may begin with something that seems insignificant, like a routine audit or an investigation into someone else’s conduct. Nonetheless, once you are accused of a criminal offense that jeopardizes the retention of your medical license, you need a powerful, sharp criminal defense attorney like Mark J. Sacco at your side.

Reasons You May Be Confronting Revocation of Your Medical License

There are myriad reasons you may be in legal jeopardy of losing your medical license, including:

Patient Brokering

Patient brokering occurs when drug rehabs or similar facilities pay third parties for referring patients to them. While the patients being directed trust they are receiving responsible referrals to facilities that best suit their needs, patient brokers are actually using the patients for their own personal gain.

Drug Trafficking

A doctor may be charged with drug trafficking if he or she is suspected of prescribing controlled substances not in response to a legitimate medical need, but for financial compensation. Doctors especially likely to be targeted for this offense are pain management doctors, but any physician who regularly writes prescriptions may be targeted.

Health Care Fraud

Violations in this category, which includes Medicare fraud and Medicaid fraud, are relatively common. Among the clients our office represents are doctors who are accused after health care fraud audits, DEA or other law enforcement agency investigations, or whose offices have been raided.

RICO Offenses

RICO charges do not only apply to organized crime but may be used against two or more doctors who engage in health care fraud, drug trafficking or money laundering.

Kickbacks

Kickbacks are monies received to induce you to prescribe certain medications or instruct patients to use particular pharmacies, healthcare providers, or over-the-counter products.

False Claims

If you are suspected of filing a claim for goods or services you have not provided, you may be charged with violation of the Federal and State False Claims Act. Violations include duplicating patient records, paying patients (or people posing as patients), or overbilling insurance companies by upcoding diagnoses or procedures.

Physician Self-Referrals

The Physician Self-Referral Law, also known as the Stark Law, prohibits a doctor from referring a patient to a health service provider with whom that doctor, or a relative of that doctor, has some type of personally beneficial financial relationship.

Additional Criminal Issues For Doctors

Other possible healthcare crimes that may threaten your license to practice medicine include:

  • HIPAA privacy and HIPAA security violations
  • Unlawful practice of medicine or practicing outside the scope of your license
  • Abuse, neglect or financial exploitation of patients
  • Unnecessary treatment
  • Unreasonable rates or charges
  • Criminal negligence

If you are found guilty of any of the above-mentioned charges, the penalties may be extremely harsh, involving incarceration for up to 20 years and millions of dollars in fines, in addition to the loss of your medical license, your career, and your reputation. At the Law Office of Mark J. Sacco we are focused on helping you resolve all matters pertaining to your medical license with the Office of Professional Medical Conduct (OPMC).

Call Us Promptly — We Can Help

Once you have been accused of committing a healthcare crime, you should immediately call the Law Office of Mark J. Sacco. The sooner we take your case, the sooner you’ll be in safe hands. We will evaluate your situation carefully, investigate any evidence relevant to your participation or non-participation in the crime, locate and interview any witnesses who can testify to your integrity, and work on a defense strategy tailored to meet your specific needs. With our accumulated legal knowledge behind you, you stand the best chance of winning your case in a court of law. Remember, don’t take chances — the stakes are high. Protect your freedom, your practice, your finances, and your family by hiring Mark J. Sacco. Make an appointment with our office by calling us or by filling out one of the contact forms on our website.