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Showing posts from March, 2013

Dental malpractice risk management : Be Cautious About Collection Actions

  In an ideal world, every patient would pay his or her bill, in full, at the end of each appointment. In the real world of dentistry, however, some accounts go unpaid for a variety of reasons. Efforts to obtain outstanding receivables may result in disputes that destroy the dentist-patient relationship, especially if the dentist has forwarded the patient’s account for collection action.   The collection action may involve the use of a collection agency or, in extreme cases, taking the patient to court. You have a legal right to pursue collection action for outstanding debts. However, it is prudent to weigh the potential risks and benefits before proceeding. When considering a collection action, be aware that many professional liability claims begin as retaliation against a dentist’s attempts to recover a patient’s debt. Often, a patient who was otherwise satisfied with his or her dental experience becomes angered by a collection action and then alleges malpractice on the p

Dental Malpractice :Patient-Dentist Arbitration Agreement

Article I. It is understood that any dispute as to dental malpractice, this, as to whether any dental services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, would be determined by submission to arbitration as provided by California Law, and not by a lawsuit, or resort to court process, except as California law provides for judicial review or arbitration proceedings. Both parties of this contract by entering into it, have given up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Treatment in this office is contingent upon both parties consenting to this Arbitration Agreement. Article II. A. Parties to the Agreement: The term “patient” as used in this agreement includes the undersigned individual, his or her spouse, children (whether born or unborn), and heirs, assigns or personal representatives.  The

Dental Malpractice : valuation of claims for dental negligence

INTRODUCTION 1.      This third of three articles looks at some instances where comparatively high awards by way of pain suffering and loss of amenity and other related non-financial damages have been awarded. 2.      It should be borne in mind that cases of this type are, thankfully, uncommon and that many practitioners will come across them rarely if at all. 3.      However it is important that those working in this field are aware of the quantum issues in such cases. NERVE DAMAGE 4.      Such damage may arise in cases of dental surgery such as the removal of wisdom teeth. In such cases the lingual nerve may be damaged which can lead to an almost complete loss of the sense of taste, numbness of the tongue and persistent pain (damage to the inferior dental nerve and the mental nerve is also possible during extractions). 5.      Lingual nerve damage may occur during extraction of a lower molar tooth where the lingual soft tissues are trapped in the forceps or by being

Dental Malpractice : Dental Groups

Dental Group Scams, Dentist Fraud, Rip Offs, False Advertising, Bait and Switch and Dental Malpractice in California - How A Few Bad Apples Are Tarnishing the Dental Profession With the Same Toothbrush             According to the Coalition Against Insurance Fraud, most dentists are honest and ethical dental practitioners who provide their patients with professional and caring treatment.  We agree wholeheartedly.  Most dentists would never consider being part of a scam, rip off or any type of fraud..  However, the Coalition Against Insurance Fraud, which has many insurance companies among its charter members states that “a small but disturbing number of dentists, however, are dishonest.”  While it can be difficult to determine who is at fault in a specific dental office, the complaints made by certain dental patients in California paint a disturbing picture in some situations of fraudulent, negligent and unethical treatment.             Being primarily a plaintiff’s law firm

Dental Malpractice : Informed consent (Part2 )

What are the problems that we might have in informed consent ?    3 t hings : 1- language :   It is very important that you have the same language of your patient, that’s why when you are practicing in other country lets say Australia they will force you to have occupational English test in which they examine your capability and your ability to understand and communicate with your patient and your staff and this is very important coz you cannot communicate with someone who speak different language from u and you don’t take any offer to resolve this problem.              If you face such problem you need to have a translator, we will face such problem when you are treating patient from other nationality,              They are speaking other language; we need a translator and the rules              Say even the translator you bring you should choose someone who can communicate smoothly with your patient, if the translator from the relative of the patient its better. 2- cul