Anyone can choose to sue their dentist for a bad dental procedure. This is called a dental malpractice lawsuit, and it is part of the medical malpractice practice area within personal injury law.
What happens if a dentist doesn’t know about fraud?
Then, even if the dentist didn’t know fraud occurred, patients would not have a dentist to see and every person that dentist employed would be out of a job. If you suspect dental fraud as a dentist, employee, or patient, it’s important you report it to the appropriate authorities immediately.
What are acts of dental fraud?
Acts of dental fraud contain three defining features: intent, deception, and unlawful gain. These scams can include, but are not limited to: Let's examine each scam. All of these could result in criminal charges if discovered. 1. Billing for services not rendered.
What are the red flags of dental fraud?
Here are 12 dental fraud red flags you need to look out for. What is dental fraud? Dental fraud is any act of intentional deception or misrepresentation of dental treatments in order to gain unauthorized benefits. Dental fraud has three key features: intent, deception, and unlawful gain.
What is dental service separation fraud?
Separating dental services into component parts and charging for each part – in a way that’s greater than the cost of a single, bundled service – is fraud. For example, in a tooth extraction, a dentist may have to extract the tooth, elevate the flap, curettage the periapical tissue, make an incision, drain the site, and suture the socket.
What constitutes dental fraud?
Dental fraud is “any crime where an individual receives insurance money for filing a false claim, inflating a claim or billing for services not rendered,” according to the American Dental Association (ADA). Fraud can take many forms, but it requires intent, deception and unlawful gain.
What is the most common area of fraud in the dental office?
1. Billing for services not rendered. Billing for services not provided is a common type of fraud (in every profession). It happens when (for example) a dentist who merely examined the patient bills for more expensive dental services, including fluoride and sealants.
What happens if a dentist messes up?
Dental malpractice suits can be brought against practitioners only when they fail to uphold the acceptable standard of care, or when they provide treatment that exceeds your informed consent. More importantly, you need to prove that the dental professional's incompetence/negligence caused your injury.
What are some legal issues in dentistry?
Most legal issues related to dental practice involve civil wrongs or torts; that is, wrongful acts or injuries, not involving breach of contract, for which an individual can bring a civil action for damages. Malpractice is part of the law of negligence, which constitutes one kind of tort.
How do you spot dental fraud?
Dental fraud can include the following: Waiving deductibles and co-payments: if dentists fail to reduce fees to the insurance company when they aren't collecting deductibles and co-payments from patients are guilty of inflating fees to the insurance company. Over-billing is fraudulent and illegal.
What is the legal term used for the situation in which a dentist fails to notify a patient that she or he can no longer provide services?
Patient abandonment is a form of medical malpractice that occurs when a physician terminates the doctor-patient relationship without reasonable notice or a reasonable excuse, and fails to provide the patient with an opportunity to find a qualified replacement care provider.
Can you sue a dentist?
You can sue your dentist if they have failed to provide an acceptable standard of care. This usually occurs when their direct action or inaction has led you to suffer avoidable injury, harm or suffering.
What is dental negligence?
Failure or delay in the diagnosis of an oral condition or disease. Dental surgical errors. Improper or inappropriate treatment of a dental condition. Use of a defective or ill fitting dental device.
What is an example of malpractice in dentistry?
Examples of Dental Malpractice improper extraction of teeth. failure to diagnose various conditions (e.g., TMJ, oral cancer) failure to properly treat complications of care (e.g., infection)
What is unethical in dentistry?
A dentist who recommends or performs unnecessary dental services or procedures is engaged in unethical conduct. The dentist's ethical obligation in this matter applies regardless of the type of practice arrangement or contractual obligations in which he or she provides patient care.
What is legal and ethical in dentistry?
The core issues in dental ethics are the ethics of the dentist patient relationship, patient's confidentiality, and the need to obtain informed consent. Although law and ethics have similarities, law may be better defined as the sum total of rules and regulations by which a society is governed.
What disciplinary penalties may be imposed on a dentist found guilty of unethical conduct?
Under the Dental Practice Act, the Dental Board may impose discipline for unprofessional conduct, incompetence, gross negligence, or repeated acts of professional negligence. This discipline may include revocation or suspension of a license to practice dentistry, probation, or a public reprimand.
What is dental fraud?
By definition, dental fraud is any act of intentional deception or misrepresentation of treatment facts made for the purpose of gaining unauthorized benefits. Acts of dental fraud contain three defining features: intent, deception, and unlawful gain. These scams can include, but are not limited to:
What happened to a practitioner's office when it was investigated by the authorities?
When investigated by the authorities, the practitioner suffered significant damage to his personal and practice reputation.
What is billing for services not rendered?
1. Billing for services not rendered. Billing for services not provided is a common type of fraud (in every profession). It happens when (for example) a dentist who merely examined the patient bills for more expensive dental services, including fluoride and sealants. 2.
Is a dentist a scam?
Most dentists are professional, caring, ethical, and honest. The majority of practicing dentists would never knowingly perpetrate any type of dental fraud, abuse, or scam. Dentists have worked too long and too hard to allow fraud and abuse to jeopardize success. Unfortunately, like any business, there are a troubling number ...
Is practice data accurate?
Practice data such as financial transactions cannot just be accurate; the data must be reported accurately and consistently, and (of course) comply with HIPAA requirements that protect patient privacy. Regulatory scrutiny on practice fraud is likely to become more detailed as legislators work to nationalize data standards.
Is coding incorrectly fraudulent?
Diagnosing or coding procedures incorrectly is fraudulent and can entail liability. Changing the code to increase the amount of the claim reimbursement decreases the patient's maximum benefit and increases the patient's out-of-pocket expense.
Is it a fraud to misrepresent the date of service?
Misrepresenting dates of service. The date of service and the date of claim signature should be the same. Misrepresenting the date of service is fraudulent; this matters to insurance companies as there may be a waiting period prior to benefits being available.
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 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.
Can you file a lawsuit for dental malpractice?
What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.
Common signs of fraud to watch out for
Because fraud requires intent and deception, there are signs that you and your staff can watch out for from patients who commit dental fraud. Stay alert for:
What you can do to help protect your practice
Fraud can happen at any point in the process of providing care, accepting payment and submitting claims, but having clear, consistently applied policies for your practice can help everyone play their part in fighting fraud. Here are some general steps your practice can take.
What Delta Dental does to help prevent fraud
You don’t have to combat fraud on your own. We’re proud to be your partners in working to eliminate fraud at all levels and steps of the dental care process. What we do includes:
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.
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.
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.
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.
How to sue a dentist for medical malpractice?
To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.
Why do dentists sue?
Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death
What is the second most common alleged negligence?
The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.
How many implants were lost in the negligence lawsuit?
In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.
What is the most important defense in a dental malpractice case?
What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.
How many cases of failure to diagnose periodontal disease in a timely fashion?
There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.
What is a dental note?
A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.
Why is a dentist not entitled to reimbursement?
They don’t realize that they just received reimbursement the dentist wasn’t entitled to because they didn’t disclose it was related to an accident. The dental payer may not be liable to pay that claim, until it’s first considered by medical or any other third party. 3.
What happens if a dental practice doesn't know how to manually enter a claim?
If a dental practice doesn’t know how to manually enter that or understand the importance of specifying the claim as it relates to the accident, it’s common for the team member to just send the claim off, get it paid, and move on.
How often does a hygienist code a prophy?
But twice a year, the hygienist just codes a prophy when a periodontal maintenance procedure was actually performed. It gets sent in as a prophy because their benefit plan pays either two prophys a year (which is a cleaning) and 2 periodontal maintenance procedures per year.
What happens if a dentist is out of network?
If the treating dentist is out of network, it’s going to affect how the benefits are paid. It’s fraudulent because the dentist may receive funds they are not entitled to. If you’re a patient, your dental plan may have a higher deductible and not pay 100% or 80%.
What is dentist ethics?
As a dentist, ethics is something you have learned about over the years of practicing, and also probably in school. What you may have not learned about, is how your practice can accidentally do something unethical.
Does Delta Dental have an out of network dentist?
This means that if Delta Dental reduces the patient’s benefit for seeing an out-of-network dentist causing more to come out of their pocket, the patient will be encouraged to see an in-network dentist that saves the company money.
Can a dentist go to jail for fraud?
But the truth is that it’s more common than you think. Over years of being in the dental industry, we have seen various practices be audited, and seen a few dentists lose their license or worse, go to prison because of fraud in their practice. In most cases, ignorance is no excuse when it comes to fraud.
Why do dental offices use deals?
The reason for this is that advertising-driven offices often use deals as a tool to get patients in the door and then pressure them to accept an expensive treatment plan, whether they need work done or not. Oftentimes, they're corporate-owned chains, like Aspen Dental .
What is the best way to protect your molars from plaque?
5) Sealants . Dental sealants are preventative coatings applied to the surface of your molars to prevent plaque from accumulating in the pits on their surfaces. They can be useful in some cases — especially for cavity-prone kids — but are also overprescribed by some dentists.
Do dental plans have a cap?
Most dental plans come with a hard cap on the total amount of treatment they'll pay for in a given year — the exact opposite of the out-of-pocket maximums in medical insurance plans. Even more problematically, insurance plans put perverse incentives in place for in-network dentists.
Can you opt out of dental insurance?
As a result, people can opt out of dental insurance, then build up treatment needs over the course of several years, then opt in. Dental companies know this, and so to turn a profit, they're forced to cover relatively little, in terms of treatment.
Do dentists disagree about fissures?
Two honest dentists can disagree about whether a tiny fissure requires a filling or not, and all dentists fall on a continuum of philosophies ranging from conservative to aggressiv e in their treatments . Some dishonest ones, though, abuse this uncertainty to increase their profits.
Do dental school students do quality work?
And in general — and contrary to many people's idea of dentists-in-training — dental school students do quality work by the time they're treating actual patients, after learning on models.
Is dental insurance better than medical insurance?
But for a few different reasons, dental insurance is far less important to have than medical insurance (which is now mandatory in the US) — and might even be a bad deal on the whole. "I nsurance is supposed to be for rare, catastrophic losses that can't be predicted — like your house burning down, or a heart attack.