The dental board will notify you and the dentist of their decision within a few weeks after the hearing. At that time, if the board has determined malpractice occurred, the dentist may be ordered to compensate you for costs related to treatment. The board may also decide to suspend or revoke the dentist’s license.
Full Answer
What to do if you have a dispute with a dentist?
The latter has peer review committees that can resolve disputes concerning the quality of care and appropriateness of treatment provided by its member dentists. Disputes concerning your dental bill can be taken to the Better Business Bureau. As a last resort, you can seek legal assistance.
What are my rights as a dental patient?
The ADA dictates that, as a patient, you have a right to "reasonable arrangements for dental care and emergency treatment." This doesn't mean that the dentist has to be available at all hours or participate in procedures for which he or she may not be qualified.
What is a dentist’s Guide to the law 4th edition?
A Dentist’s Guide to the Law: 246 Things Every Dentist Should Know, Fourth Edition, includes both new and longstanding questions and answers in a user-friendly format with additional related references and resources in each chapter. What are the advantages and disadvantages of a sole proprietorship?
What are the elements of a lawsuit against a dentist?
The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.
What happens if a dental team member fails to comply with the practices Hipaa policies and procedures?
Dental practices must take every precaution necessary to prevent their practice from violating any HIPAA laws and regulations. Fines for not complying range from $100 to $50,000 per violation with a maximum of $1.5 million annually for violations of the same provision.
What are the legal obligations of a dentist?
The dentist has a duty to treat people fairly. This principle expresses the concept that professionals have a duty to be fair in their dealings with patients, colleagues and society. Under this principle, the dentist's primary obligations include dealing with people justly and delivering dental care without prejudice.
When reporting instances of gross and or continual faulty treatment dentists shall?
1 It is the duty of a dentist to report instances of gross and/or continual faulty treatment. When informing patients of the status of their oral health, the dentist shall exercise care that the comments made are justifiable.
What is overbilling in dentistry?
Waiver of Copayment. A dentist who accepts a third party1 payment under a copayment plan as payment in full without disclosing to the third party1 that the patient's payment portion will not be collected, is engaged in overbilling.
What are some ethical and legal issues that must be considered when treating a dental patient with special needs?
Dental professionals encounter a number of challenging ethical and legal dilemmas when caring for special patients. Questions may arise in securing consent for treatment; using restraints; overcoming economic, social, and physical barriers to care; and dealing with patient abuse.
What is an ethical dilemma in dentistry?
An ethical dilemma occurs when one of the above principles conflicts with another. 1. For example, a patient decides he or she wants to save money by refusing X-rays for the fourth year in a row. The patient is exercising his or her autonomy. However, the hygienist realizes this puts him or her in an ethical dilemma.
What are the five basic ADA principles?
There are five fundamental principles that form the foundation of the ADA Code: patient autonomy, nonmaleficence, beneficence, justice and veracity. Principles can overlap each other as well as compete with each other for priority. More than one principle can justify a given element of the Code of Professional Conduct.
What are the 4 principles in the code of conduct?
The four Principles of Ethics form the underlying philosophical basis for the Code of Ethics and are reflected in the following areas: (I) responsibility to persons served professionally and to research participants, both human and animal; (II) responsibility for one's professional competence; (III) responsibility to ...
Do dentists have a duty of care?
To claim against your dentist you need three things. You need there to be a duty of care, a breach of the duty and the breach caused the injury. The first one is the simplest hurdle to leap and that is the duty of care. A dentist will automatically have a duty of care towards his patient when he is working on them.
What do you do if your dentist overcharges you?
Call to have a Complaint Form mailed to you (916) 263-2300, OR. Use the On-line Complaint Form, OR. Download and Print a Complaint Form.
Which ethical principle has the dentist followed if the dentist refuses to provide a patient request for unnecessary treatment?
Section 2 PRINCIPLE: NONMALEFICENCE (“do no harm”). The dentist has a duty to refrain from harming the patient. This principle expresses the concept that professionals have a duty to protect the patient from harm.
What is dental autonomy?
SECTION 1 — Principle: Patient Autonomy ("self-governance") This principle expresses the concept that professionals have a duty to treat the patient according to the patient's desires, within the bounds of accepted treatment, and to protect the patient's confidentiality.
What is a bill of patient rights?
By and large, a bill of patient rights is a mission statement that reflects the beliefs and goals of an association or practice with regards to its patients.
When did the patient rights revolution start?
The Patient Rights Revolution. The concept of patient rights came to the fore during the mid- to late-1990s, during which time the rise in HMOs was thought to potentially signal a lower quality of health care.
What is HIPAA confidentiality?
As per HIPAA regulations, to confidentiality regarding your diagnosis and treatment, except when you agree to submit this information to others – such as insurance providers. (HIPAA is the Health Insurance Portability and Accountability Act, issued by the U.S. Department of Health and Human Services in 1996.)
What does it mean when a dentist is suing?
What this means is that the person suing is a patient of the dentist. The dentist must have accepted the plaintiff as a patient, and agreed to treat them; Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the applicable standard of care.
What is the legal duty of a dentist?
As such, dentists have a legal duty to their patients to concentrate on what they are doing at all times, and ensure they are working within their scope of practice. Failure to do so could lead to an instance of dental malpractice.
Why is the first test of a plaintiff's case so difficult to prove?
Unfortunately for the plaintiff, this first test can be difficult to prove because it generally can only be established through expert testimony.
Can a dentist give you two implants?
The dentist could provide the patient with two implants free of charge. If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain, a patient may only sue if the dentist should have known it was the wrong tooth.
Can you sue a dentist for a root canal?
Suing a dentist in small claims court may prove more successful for those cases involving injuries such as an inadequate crown, or botched root canal. If you would like to pursue a dental malpractice claim in small claims court, you must first obtain a report from another dentist.
Can a dentist be sued?
Dentists can be sued for a variety of incidents so long as those incidents result in injury from the dental work. Examples of reasons to sue a dentist include, but are not limited to: Unnecessary surgery. It is possible to sue a dentist for nerve damage.
Can a dentist sue for malpractice?
Suing a dentist for medical malpractice will likely utilize the same legal principles as personal injury torts. The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.
What happens if you are a victim of dental malpractice?
Being a victim of dental malpractice can also cause emotional suffering and cost you in medical bills or missed work. 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. 4. The dentist's error was the cause of your injury.
What happens if you don't approve a dental procedure?
If the dentist did a procedure you did not approve, or the work they did caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after the dentist can be expected and last weeks.
What is a medical malpractice claim?
You suffered an injury. This 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.
How long can you sue for malpractice?
Most 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. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.
What is a breach of duty?
What the dentist did was wrong. This 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.
How to show a dentist's error?
The dentist's error was the cause of your injury. You 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 you say a root canal was wrong?
For example, an oral surgeon performing a root canal on the wrong tooth is a horrible accident. However, you can't just say it was wrong. You will need to get dental records and evidence from the dentist to show it was wrong. Some dental offices will try to avoid releasing this information.
What information do patients want to know before consenting to a treatment?
The information patients might want to know before they consent includes, but is not limited to: options for treatment and why you think a particular treatment is necessary and appropriate for them. consequences, risks and benefits of the treatment you propose. the prognosis and what might happen if treatment isn't given.
What is the legal duty to obtain consent?
You have a legal duty to obtain patient consent by making sure the patient is aware of any material risks involved in the proposed treatment, and of any reasonable alternatives.
What is the test of materiality in dental?
According to the Montgomery judgment, 'the test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient's position would be likely to attach significance to the risk,' or the dentist is reasonably aware that the particular patient would be likely to attach significance to it.
What is the GDC standard?
The GDC's Standards for the dental team sets out as one of its key principles the need for dental professionals to share information with patients so those patients can make a decision.
What happens if you fail to give consent?
Failure to give correct or sufficient information when obtaining consent might breach your duty of care. A patient may be entitled to compensation if it is proved there was a negligent failure to inform and they suffered harm as a direct result.
When a patient has given oral consent to treatment, should you make a note in their clinical record?
When a patient has given oral consent to treatment, you should make a note in their clinical record of the advice given, including any risks and benefits and likely outcomes, and the fact that the patient has understood and consented. This is particularly important where treatment is significant and not routine.
What happens if a patient's condition alters significantly between initial consultation and treatment?
If a patient's condition alters significantly between initial consultation and treatment, causing a change in the nature, purpose or risks of the procedure, you must explain the changes, obtain consent again and record them. A change in the cost of treatment should be reviewed with the patient.