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Tips to Avoid Dental Malpractice Lawsuits
July 12, 2021
While uncommon, dental malpractice cases can be costly and time-consuming and ruin your dental practice's hard-earned reputation and credibility. A dental malpractice lawsuit can cost you approximately $53,000
- excluding legal defense costs. The best way to avoid dental malpractice cases is to prevent them with these tips.
Communicate Effectively
Among the most common dental malpractice claims is failing to provide patients with adequate information about treatment, procedures, and medication, resulting in the patient's inability to make an informed choice. To avoid this lawsuit, always communicate with your patients clearly before treatment. Ensure that they understand the procedures they undergo and any risks involved.
While a procedure may be basic and seem like a no-brainer, do not assume that the patient knows about it. Explain to the patient clearly and allow them to ask questions. You can go a step further and request your patients to sign a consent form that affirms they understand and agree to undertake a treatment.
Also, if a mistake happens, notify the patient and document it. This way, the patient can watch out for complications, and you can argue your case if sued.
Refer When Necessary
A good way to avoid malpractice lawsuits is to refer patients to dental specialists for conditions outside your realm of expertise and experience. In fact, providing referrals shows your commitment to quality care and ensures patients get the best care possible.
You can refer a patient to an oral surgeon, endodontist, or periodontal specialist, depending on their unique case. Do not be tempted to use your little knowledge and experience for a specialty case; it can backfire on you. It is not uncommon for patients to affirm that a specialist could have done better when a treatment fails.
Diligent Recordkeeping
Keeping timely, accurate, and detailed patient records can go a long way in preventing lawsuits. Do not forget to document even the slightest details like equipment failure. Also, in case of a rescheduled treatment, make sure you note the reason for it to prevent misunderstandings and claims in the future.
It is best practice to keep patients' records clean and free from deleted entries. In case of an incorrect entry, cross it and mark it 'incorrect entry' followed by the date you altered. A patient record with numerous erased entries may look suspicious if a patient files suit.
Follow up
While patients have many reasons for missing appointments, consider following up. Also, have a standard protocol for rescheduling missed or canceled opportunities as soon as possible.
Too many missed appointments increase the likelihood of failing to identify an issue that requires immediate attention. As a result, a patient can sue you for negligence, claiming you failed to diagnose their condition on time. However, proving you followed up on a patient that refused to show up can be the difference between you or the patient winning a malpractice case.
Cooperate with Dental Board's Inquiries
When the Dental Board sends you an inquiry letter seeking to investigate a malpractice case, it will help if you respond to it. Do not ignore it and assume the complaints are baseless and unwarranted.
Instead, cooperate with the board and help them see the truth of the matter. You can provide treatment records and other supporting documents to prove your case. Importantly, solicit the help of a dental malpractice attorney for help responding to the claim.
Even with all these precautions, you can face a dental malpractice case. When this happens, get in touch with Spiga & Associates. We have 25 years of experience protecting and advising dentists charged with dental malpractice. Whether you are a subject of inquiry or investigation, we use our experience and case-specific knowledge to your advantage.
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You see him or her on your television, in your professional journals, and on your home page . . . the “Poster Child.” The Physician existing on the fringe of the profession, who gets arrested for overwriting prescriptions for Schedule II substances . Their example is easy to dismiss. The average M.D. engaged in legitimate practice seemingly has nothing to worry about. This fate befalls the slacker, the greedy, the foolhardy. Don't be so sure, any M.D. who prescribes Schedule II substances as a regular part of their practice is only one adverse patient outcome away from California Medical Board and possibly criminal investigation. For example, Surgeons and Physicians practicing in Emergency Medicine, Oncology, and Pain Management, routinely write hundreds, if not thousands of prescriptions for Schedule II substances. There is no way for a Physician to control the patient’s use of controlled substances, yet a dangerous and influential myth is being propagated that a physician is a fortune teller and can predict which patients will misuse the substances provided. Further complicating the issue is the difficult ethical landscape navigated by Physicians dealing with patients presenting legitimate symptoms demanding treatment with Schedule II and III substances, but who are nevertheless, drug dependent. Long term pain management patients are at particular risk of overdose due to their high tolerances leading to increasing dosages and the difficulty in weaning them off the substances they have become dependent upon. Should a patient die or suffer an adverse outcome that is somehow connected to a prescription for a schedule II substance, a criminal and California Medical Board investigation is sure to follow. Oftentimes the investigation will be spearheaded by investigators for the California Department of Consumer Affairs working in conjunction with local law enforcement but who also work on behalf of the Medical Board of California. These investigators are sworn peace officers and have the power to arrest and working with the Attorney General or local District Attorney also have the ability to bring criminal charges against a Physician. These investigations start out invisibly with scrutiny of CURES II reports detailing a Physician’s prescription history. All patients receiving scheduled substances will be given particular attention. Soon after, the physician will receive a request for patient records, followed by a letter of investigation from a California Department of Consumer Affairs Investigator indicating that a complaint has been made and requesting an interview. They do not inform the Physician of his or her right to counsel or whether the Physician even has the right to refuse the interview. Nor do they inform him or her of their right to review the complaint. Believe it or not, one of the common mistakes Physicians make in dealing with these investigations is not taking it seriously. They will delay responding or not respond at all. Often Physicians confident in their prescribing practices will have a false sense of confidence going in to such an interview and will wing it without consulting consul. Those Physicians learn the error of that approach through hard experience. If you are facing such an inquiry. Take it very seriously, Your medical license is your most important asset. If you have an adverse patient outcome that has come to the attention of your Hospital Administration, The Medical Board of California or local law enforcement, call Spiga and Associates immediately. Because of our 25 years of experience in both Criminal and Administrative defense we are uniquely qualified to defend you and your medical license.
WHAT DO YOU DO WHEN AN INVESTIGATOR ACTING ON BEHALF OF THE CALIFORNIA MEDICAL BOARD CALLS YOU DEMANDING AN INTERVIEW?
Doctors, Dentists, Veterinarians, Nurses and all California Licensees in the healthcare profession are unfortunately rarely aware of their right to inspect and copy their entire central file maintained by their licensing agencies. Under Business and Professions’ Code § 800 (3)(c)(1) the licensee has a right to inspect his central file and the Licensing Board must specifically disclose to the licensee any: “personal information that could be considered detrimental, disparaging or threatening to a licensee’s reputation, rights, benefits, privileges or qualifications or be used by the Board to make a determination that would affects a licensee’s rights, benefits, privileges or qualifications.” The reason most licensees do not know about this right is the various Licensing Boards and their investigators do not tell licensees that they have the right to see the complaints against them (minus the identities of informants and patients etc . . ) and any negative item in their file. A licensee has no more important right than this. Whether you are facing a Board investigation as a Doctor , Dentis t , Nurse , Veterinarian, Chiropractor , Psychologist etc . . . one of the first things your lawyer should do is request a copy of your central file. Knowledge is power. Once you see the administrative agencies information, it is like getting a copy of their playbook. There is no better way to prepare yourself for an interview than to inform yourself of the basis of their investigation. Your answers can be more precise and you can more easily avoid a perjury trap. Like a surgeon’s scalpel, these statutes are a good lawyer’s tools. This is but one tool. There are many more. Like any specialized tool they can be useful but not optimum in the hands of an inexperienced layman. If you are under investigation call Spiga and Associates where an experienced medical and nursing license defense attorney is standing by.
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