CIVIL LAW REVIEW AND RISK MANAGEMENT SUGGESTIONS PART 1​

dental practice

A business in a _____________________ environment
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dental practice

A business in a _____________________ environment
competitive, commercial, free market economic
could I get sued?
yes
Laws are written to create formal rules to constrain the behavior of _______, mostly with a goal of _______
practitioners

patient safety.​
Dental malpractice is closely related to
law
dental law is concerned with
crimes, penalties, and sanctions imposed by the state
dental malpractice is concerned with
civil actions (lawsuits Brought by patients)
how to sue your dentist
get a copy of all your dental records

switch to a new dentist

write down the entire situation

look for a law firm that specializes in medical malpractice suits

speak to a lawyer

go to court or settle the case out of court
how to sue your dentist

switch to a new dentist
If you plan to sue your current dentist, switch to a new one and attempt to get any problems your former dentist created fixed.
how to sue your dentist

write down the entire situation
Use a calendar to recall dates on when you went in to the dentist.

Creating a timeline may also be helpful.

You need to have a detailed explanation on how your life and health have been permanently affected because of the mistakes that were made. ​
how to sue your dentist

speak to a lawyer
Let him know what has transpired between you and your dentist. See if he thinks that you have a case or not. ​
how to sue your dentist go to court or settle the case out of court: If the lawyer feels that you have a case, she will work with you to see what type of ______ you should ask for. You may need to go through _______ or simply settle with the dentist through_______monetary damages court proceedings arbitration. ​can I sue my dentist? There was a dentist-patient relationship. this is easily proven if....you have receipts, insurance statements, or emails about the appointment date. Going to see the dentist implies a "duty of care"can I sue my dentist? There was a dentist-patient relationship. going to the dentist implies a duty of care which means the dentist has a legal obligation to...help you during the apptcan I sue my dentist? There was a dentist-patient relationship. you likely would not have a case if you....went to a medical school and let students practice on you since you would have signed off on taking a risk.can I sue my dentist? what the dentist did was wrongThis is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.can I sue my dentist? what the dentist did was wrong examplesIt could involve not diagnosing signs of gum disease or pulling the wrong tooth in a tooth extraction.can I sue my dentist? what the dentist did was wrong what you need to help prove thisYou will need evidence such as x-rays and testimony from expert witnessescan I sue my dentist? you suffered an injuryThis is called "damages" in a medical malpractice claim, and it covers both the injury that was done to you and the money you want as compensation. Physical pain and suffering can be easy to document in doctor visits or procedures to fix the pain.can I sue my dentist? you suffered an injury Being a victim of dental malpractice can also cause ....emotional suffering and cost you in medical bills or missed work.can I sue my dentist? you suffered an injury Your attorney will help you decide how much money to ask for. It should cover ....bills, missed wages, and possibly extra money for your suffering.​can I sue my dentist? the dentist's error was the cause of your injuryYou can show "causation" through expert witnesses or a second opinion from another dentist or orthodontist. Essentially, you need to know the injury was the dentist's fault.can I sue my dentist? the dentist's error was the cause of your injury ie:If a dentist failed to diagnose oral cancer, but a new dentist also misses the signs, then it is possible the other side could argue that the evidence was not clear enough.can I sue my dentist? the dentist's error was the cause of your injury These cases always depend on ....what a "reasonable" person would see or do in similar circumstances, which leaves a lot of room for cases to go either way.​can I sue my dentist? you are within the time limitMost states have a two-year limit, also called "statute of limitations." These laws can vary by state, but two years is standard for malpractice suits.can I sue my dentist? you are within the time limit you can prove this byshowing when the appointment happened and when you had the injury or pain assessed by another dental professional. Getting a second opinion of your injury is always a good idea.​WHY A DISCUSSION OF LEGAL CONCEPTS?​societal expectations oral health care delivery systemWHY A DISCUSSION OF LEGAL CONCEPTS?​ societal expectations: -________ for the patient.​ -________ the provider.​ -Oral health care provided within appropriate __________.fairness to and respect competence of legal parametersWHY A DISCUSSION OF LEGAL CONCEPTS?​ oral health care delivery systemOperator/patient/environmental issuestypes of lawsCivil law​ Criminal Law​ Administrative Law​ Federal and state statutes​ Local laws​civil offensea wrongful offense against a person, for which satisfaction is sought, usually money​criminal offensea wrongful act against society, to protect the public as a whole against the harmful acts of others; protects people from deliberate or reckless harm.​administrative offensea violation of laws regulating the powers, procedures, and acts of public administration. (Dental practice acts)​criminal lawsBrought by the government against a person committing a crime.​criminal laws regulatepublic conduct and set out duties owed to society.​criminal laws typesfelonies misdemeanorscivil lawsRegulates relations between individuals or groups of individuals​ civil actionscivil laws: civil actionslawsuit brought against one person by another person.​civil laws: regulateMarriage, divorce, contracts, real estate, insurance, consumer protection and negligence​LEVELS OF PROOF: GUILT OR INNOCENCE civil actspreponderance of evidenceLEVELS OF PROOF: GUILT OR INNOCENCE criminal actsbeyond a reasonable doubtLEVELS OF PROOF: GUILT OR INNOCENCE administrative board violationsreasonable or substantial proofbranches of civil lawcontract tortcivil law: contractExpressed or implied relationship results in specific responsibilities. ​civil law: tortInterference with someone's right to enjoy their person, property or privacy.​civil law: contract impliedagreement through inference by signs, inaction or silence.civil law: contract expressentered orally or in writingtypes of contractsimplied expresscivil law: tort typesintentional unintentionalcivil law: intentional torts typesassault battery deceit and misrepresentation defamation false imprisonment invasion of privacycivil law: intentional torts assaultthreat of bodily harm to anothercivil law: intentional torts batterybodily harm/touching without permissioncivil law: intentional torts false imprisonmentviolation of personal libertycivil law: intentional torts defamationdamage to a person's reputation through the spoken or written wordcivil law: unintentional tortnegligencecivil law: unintentional tort negligencefailure of one owing a duty to another to do what a reasonable and prudent person would ordinarily have done under the circumstances. ​ ​ Duty or responsibility recognized by law​ Failure to satisfy the duty​ Harm occurred​standard of careLevel of care that a reasonably prudent practitioner would do in the same or similar circumstancesdutyact or conduct based on moral or legal obligation​comparative/contributory negligenceThe actions that the patient/plaintiff may have contributed to or partially caused the injury claimed by the patient/plaintiff such that only partial recovery for the damages claimed will be allowed.comparative/contributory negligence The recovery for damages is ....reduced by the percentage of the plaintiff's contribution to their own injury.​STATUTE OF LIMITATIONS Suit against a healthcare provider must be brought within .....two years of date of alleged malpractice or six months after discovery of samevicarious responsibilitylegal mechanism by which an individual or institution is held liable to a third party for the negligent acts of another Employers are responsible for the actions/faults of their employeesvicarious responsibility to be successful, claimants have to establish that an employee has been negligent and;​that the person was actually employed​ that the employee was acting in the course of their employment​respondent superiorlet the "master" answerstatute of limitations state law or part of a specific statute that specified the ______during which a legal action must be takentime periodGood Samaritan lawsprotect health care professionals from liability while providing emergency care to an accident victim​common malpractice claimsfailure to give patients all the info they need failed treatments or procedures questionable professional advice products liability misdiagnosiscommon malpractice claims failure to give patients all the info they need for examplea patient could claim that you didn't fully describe all possible treatment options and the associated risks, which means the patient couldn't make an informed decision.​common malpractice claims failed treatments or procedures ie:could include claims of tooth damage or injury from botched restorations, root canals, implants, veneers, crowns, and more. Patients can also claim that you failed to spot decay or another problem during a routine oral exam, which led to bigger, more expensive problems.​common malpractice claims questionable professional advice ie:Patients can claim that you failed to provide solid professional council. they can also claim that you failed to refer them to a specialist when it was necessary.​common malpractice claims products liability ie:Dentists can be blamed for using faulty products, oral devices, and materials - even though the dentist did not manufacture the items.​common malpractice claims nerve damage Common claims allege that a dentist damaged the ________ nerve while _______lingual nerve or inferior alveolar giving anesthesia or removing teeth.​common malpractice claims misdiagnosisPatients can claim that you diagnosed a condition incorrectly, that you diagnosed it late, or that you failed to diagnose it at all.​SELECTING AN ATTORNEYdetermine the reason for requiring an attorney personal or professional referrals due diligence interviewSELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​Purchase/sale of, or starting, a business (ie: a dental practice) ​ Real estate transactions ​ Estate planning Family matters Contractual matters ​ Governmental agencies Litigation Criminal mattersSELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ estate planningwills, trusts ​SELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ family mattersdivorce, adoption ​SELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ contractual mattersdrafting, review of, disputes overSELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ governmental agenciesinvestigations, inspections, citations Labor and employment matters ​SELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ litigationyou are being sued or threatened with a lawsuit​SELECTING AN ATTORNEY Determine the reason for requiring an attorney: ​ criminal mattersyou have been arrested and/or accused of a crime ​SELECTING AN ATTORNEY personal or professional referralsLawyer Referral Services​ Malpractice Carrier​ State Dental Association​ Online