Avoiding Dental Malpractice Lawsuits
Though we consider the field of dentistry as a boon, there are scenarios where vulnerable patients are victim of malpractices. Patients always want the best treatments which should be worth the money they spend. Any default in the treatment can turn out to be a matter of the dental practitioner's own reputation along with the added challenge of a legal dilemma.This can be avoided by mandating transparency with respect to medical bills, treatment details, and any errors conducted during the treatment.
Below mentioned are few ways that can be followed to avoid malpractices lawsuits-
1. Don't begin treatment before making sure your patient knows what you are going to do.
While this may seem obvious, many claims can be avoided by the simple step of confirming with the patient what you intend to do in that visit. Always confirm directly with the patient what they think is going to happen in that visit.
2. Don't bill for work until it has been completed
Most insurers pay for work when complete. Don't make a bill for the crown that you have fixed until permanent cementation or you risk not only problems with the insurer, but also with the patient..
3. Don't scare your patients into agreeing to have multiple crowns done.
Avoid using purchased intra-oral slides showing scary, decayed or broken down teeth for the purpose of convincing your patient to have crowns made.
4. Be careful about suing your patient for unpaid bills.
Patients refuse to pay their bills for one of these two common reasons. Either they are unhappy about some aspect of their treatment or they cannot afford the treatment done. If they are disappointed with the result and if you commence aggressive collection, they will try finding an attorney to represent them in suing you for malpractice. Many lawyers don't understand the concept of the standard of care and see only the bad result and assume it is a good case.
5.Don't hide the fact you broke an instrument in the canal - a surprised patient is often an angry patient.
While breaking off the file tip in the canal may not violate the basic expectation of care, caution requires that the patient be told about it so that he can be on the alert for any signs of problems. Be sure to document in your chart that the patient was notified.
6. Do not allow your patient's insurance coverage to dictate treatment
This is an easy trap to fall into, even though you are doing it for the patient's financial benefit. Openly discussing with the patient and clearly charting the discussion will avoid misunderstandings and claim.
7. Avoid altering the patient treatment record - especially after receiving notice of a claim.
Resist the temptation to add information in the chart after-the-fact or claim. If there is any change in the chart which was already made can put a dentist in serious trouble. Alterations give the appearance of hiding something.
8. Refer those patients who need treatment beyond your comfort zone
You know what your comfort level is. This is particularly true when economic times are tough and many general dental practioners have a hard time referring patients to specialists.
9. Do not ignore the inquiry letter from the Dental Board
If you receive an inquiry letter from the Dental Board, do not ignore it. Many of these complaints are unwarranted and totally without merit. Even then, do not assume that the Dental Board will figure that out without your having to waste your time responding to their inquiry. You will be expected to cooperate in their investigation, and it will be considered a serious offense if you fail to respond.
They will not be able to thoroughly investigate without your help. Make them see why the patient's complaints are meritless.
It's important that all the medical practioners comply with legal procedures and provide right information to the concerned sources. It implies to patients as well. They should trust their doctors and allow them to give the best treatment possible.
Below mentioned are few ways that can be followed to avoid malpractices lawsuits-
1. Don't begin treatment before making sure your patient knows what you are going to do.
While this may seem obvious, many claims can be avoided by the simple step of confirming with the patient what you intend to do in that visit. Always confirm directly with the patient what they think is going to happen in that visit.
2. Don't bill for work until it has been completed
Most insurers pay for work when complete. Don't make a bill for the crown that you have fixed until permanent cementation or you risk not only problems with the insurer, but also with the patient..
3. Don't scare your patients into agreeing to have multiple crowns done.
Avoid using purchased intra-oral slides showing scary, decayed or broken down teeth for the purpose of convincing your patient to have crowns made.
4. Be careful about suing your patient for unpaid bills.
Patients refuse to pay their bills for one of these two common reasons. Either they are unhappy about some aspect of their treatment or they cannot afford the treatment done. If they are disappointed with the result and if you commence aggressive collection, they will try finding an attorney to represent them in suing you for malpractice. Many lawyers don't understand the concept of the standard of care and see only the bad result and assume it is a good case.
5.Don't hide the fact you broke an instrument in the canal - a surprised patient is often an angry patient.
While breaking off the file tip in the canal may not violate the basic expectation of care, caution requires that the patient be told about it so that he can be on the alert for any signs of problems. Be sure to document in your chart that the patient was notified.
6. Do not allow your patient's insurance coverage to dictate treatment
This is an easy trap to fall into, even though you are doing it for the patient's financial benefit. Openly discussing with the patient and clearly charting the discussion will avoid misunderstandings and claim.
7. Avoid altering the patient treatment record - especially after receiving notice of a claim.
Resist the temptation to add information in the chart after-the-fact or claim. If there is any change in the chart which was already made can put a dentist in serious trouble. Alterations give the appearance of hiding something.
8. Refer those patients who need treatment beyond your comfort zone
You know what your comfort level is. This is particularly true when economic times are tough and many general dental practioners have a hard time referring patients to specialists.
9. Do not ignore the inquiry letter from the Dental Board
If you receive an inquiry letter from the Dental Board, do not ignore it. Many of these complaints are unwarranted and totally without merit. Even then, do not assume that the Dental Board will figure that out without your having to waste your time responding to their inquiry. You will be expected to cooperate in their investigation, and it will be considered a serious offense if you fail to respond.
They will not be able to thoroughly investigate without your help. Make them see why the patient's complaints are meritless.
It's important that all the medical practioners comply with legal procedures and provide right information to the concerned sources. It implies to patients as well. They should trust their doctors and allow them to give the best treatment possible.