What can Happen if I Don't Disclose a Disciplinary Action in an Employment Application for a Doctor?
Full Question:
Answer:
I am unable to speculate on the likelihood of discovery of a false or misleading statement. A false statement on an application may lead to adverse consequences, ranging from denial of insurance coverage to revoking a license. If relevant, residency records may be obtained through the discovery process at trial. Each case and the nature of relevant evidence is judged by the circumstances and facts in each situation.
To be licensed as a physician in New York State you must be of good moral character. Obtaining a doctor's license fraudulently is considered professional misconduct in NY. Fraud involves a knowingly made misrespresentation that is intended to cause another to rely and act on it to their harm. Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. In order to prove a fraud claim, it must be shown that the defendant had an intent to deceive. If deception was used to induce another to rely on a promise and such reliance caused harm, it is possible to recover damages. Fraud may be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.
Please see the information at the following links:
http://www.health.state.ny.us/regulations/education_law/article/131-a/docs/131a.pdf
http://www.health.state.ny.us/regulations/public_health_law/section/230/docs/230.pdf
http://www.health.state.ny.us/professionals/doctors/conduct/fraud.htm
http://content.nejm.org/cgi/content/full/353/25/2673
http://www.nyhealth.gov/press/releases/1999/leads.htm
http://www.op.nysed.gov/prof/med/article131.htm#6524
http://www.op.nysed.gov/title8/part29.htm