Patients in dental practices may (and do) file claims because they feel as though they have received poor dental treatment. Professional liability claims are based upon the theory of negligence, which must be proven to support the validity of a claim.
Negligence is defined as the failure to produce the level of care that someone of ordinary prudence would exercise under the same circumstances. This includes omissions as well as acts.
Prevention is the best policy and this prevention can be based on several strategies:
(1) Provide a comprehensive evaluation of the patient's needs;
(2) Thoroughly communicate to the patient the nature of the procedure, the risks involved, and have the procedure and risks outlined in great detail in all informed consent forms that will be signed by the patient;
(3) Performing the appropriate procedures in the appropriate manner;
(4) Refer the patient to another dentist or specialist if you feel as though you are not able to assist the patient with their needs.
OBERMAN LAW FIRM
Stuart J. Oberman, Esq handles a wide range of legal issues for the dental profession including cyber security breaches, employment law, practice sales, OSHA, and HIPAA compliance, real estate transactions, lease agreements, noncompete agreements, dental board complaints, and professional corporations.
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