Tag Archives | lawsuit

The Importance of Reputation Management for Dentists

The dental malpractice law field is alive with some companies encouraging patients to sue dentists. It is possible for dentists to have as many as three or more complaints lodged against them at a single time. This causes stress to dentists and dampens the quality of care provided for patients. Whilst we can’t, unfortunately, change the culture that allows this to occur dentists can take steps to try and manage their reputation and reduce the risk to have a suit. These techniques can be used to improve customer interactions and try to mitigate any negative feelings or resentments patients may feel . So how can dentists manage their reputation more effectively? Patient Interactions The most important place to start is with patient care. With often heinously busy schedules dentists can skip over some of the niceties of patient interactions. However, when it comes to the perception of patients these small interactions make a world of difference. Dentists are encouraged to open sessions with a little small talk – even if only a few seconds. This helps relax the patient and develop a personal rather than professional connection. Dentists who relate to their patients can cause patients to be less likely to sue or to leave negative reviews. Make […]

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Lessons from Medical Litigation of Dentists

Back in June of 2013, I discussed in the post Lessons from Medical litigation in oral surgery practice several lessons that can be learned upon exploring lawsuits occurring in an oral surgery setting. An interesting post on the same topic but applied to dentists as a whole was just written earlier today in DrBicuspid, titled “When a dentist becomes the defendant,” by Meghan Guthman (October 7, 2013, source: http://www.drbicuspid.com/index.aspx?sec=sup&sub=pmt&pag=dis&ItemID=314397&wf=1660“) Apparently this article was already written in the American Student Dental Association in their summer 2013 issue and was just a reprint. The article discusses some data gathered by Medical Protective which is a malpractice insurance company. Their data shows that the average payment to a plaintiff in a dental malpractice lawsuit is $65,000. Around 20% of their dental malpractice cases between 2003 and 2012 involved a tooth extraction with the average compensation to the patient reported at $48,600. A case study of an extraction related dental malpractice case is provided where a dentist failed to obtain adequate radiographs showing the entire tooth and it’s bulbous root. The article provides a figure by Medical Protective which shows that dental implant malpractice cases have the highest payouts with the average compensation being over […]

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The Optional Alternative to Medical Injury Claims

Previously on this blog I have discussed some of the issues with medical malpractice in the United States and some potential alternatives. In this post Potential Alternatives to the Current Medico-Legal System in the United States I talk about some possible alternatives such as having some agreement directly with the physician and hence avoiding trial lawyers. In this provocative post How to Improve Your Chances to Win a Dental Malpractice Lawsuit I discuss the 4 elements you need to win a malpractice suit in the U.S. and a possible suggestion to help improve your chances of doing so. Last year, Kevin Pho known as “social media’s leading physician voice” discussed in a post written on July 16, 2012, titled “The New York medical malpractice crisis: Who’s to blame?,” how some financially struggling hospitals are going without medical malpractice insurance and just going bare as they say. He describes how if hospitals don’t have malpractice insurance than lawyers and patients will go after doctors who may have individual policies. Kevin says that conservatives have failed in their effort for tort-reform by focusing only on non-economic damage caps. Physician groups such as the AMA, ADA, and AAOMS have also seemed to focus more […]

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Washington Dentist Troubles

Recently, a few articles appeared on DrBicuspid talking about Washington dentists. One of the dentists is a Washington state dentist, the other is a Washington D.C. dentist. The first article talks about how a now retired Washington state dentist must pay $35 million to 29 former patients. The reason for this is because the court determined that the former dentist had performed numerous unnecessary root canals over a long period of time.   The article discusses how the retired dentist performed over 2,000 root canals on about 500 patients over a five year span several years ago. The dentist who purchased the retired dentists practice said that a lot of failing root canals and railing crowns were being noticed by the patients coming in. The court in this case found that the dentist was negligent, failed to obtain informed consent from patients, and committed fraud. The $35 million will be split among the 29 patients in different amounts and both the retired dentist and his insurer will be on the hook for the money. The patient’s in this case feel betrayed because they trusted their dentist. In a previous article titled Are Dentists Ethical or Scam Artists? I discussed how different […]

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Attending to the Patient in the Informed Consent Process

An interesting article titled “Personalized Disclosure by Information-on-Demand: Attending to Patients’ Needs in the Informed Consent Process” written by Gil Siegal, Richard J. Bonnie, and Paul S. Appelbaum appears in the Summer 2012 issue of the The Journal of Law, Medicine & Ethics (vol. 40, issue 2, pages 359-367). A discussion is made of the current informed consent process and how it is the foundation of medical ethics and health law. Now is clear from the complications page of my website http://www.teethremoval.com/complications.html, I have numerous problems with the informed consent process. In the article the authors state “The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians — to respect and facilitate patient autonomy — is reflected in the rules that have been created to implement consent procedures, especially those requiring disclosure of relevant information.” The issue in the process is that physicians have the information patients need to make educated decisions whereas patients generally do not have access to this information. Hence some states in the U.S. have adopted the “reasonable […]

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