is a lawyer entitled to see responses when representing claiment before dental board

What are my rights when I see a dentist?

You have a right to accept, defer, decline, or dispute any part of your treatment. You have a right to ask for alternative treatment options (even though a dentist may decline if they are harmful, experimental, or contrary to prescribed dental practices). Patient confidentiality is sacred whether you are seeing a dentist or doctor.

Is a dentist obligated to pay for services rendered to me?

So on one hand you're obligated to pay for the services rendered to you... It depends upon what you signed with your dentist. If they agreed to bill insurance and did not, you should only be liable for the uninsured portion of the services.

What are the laws for a dental office?

This act applies to dental offices with 20 or more employees. It protects the employees of a dental office from discrimination in the terms and conditions of their employment. Employees in a dental office may be more vulnerable to discrimination or harassment than in other work settings because they usually report to one person: the dentist.

What to do if you have a dispute with a dentist?

The latter has peer review committees that can resolve disputes concerning the quality of care and appropriateness of treatment provided by its member dentists. Disputes concerning your dental bill can be taken to the Better Business Bureau. As a last resort, you can seek legal assistance.

What is required before a dental laboratory technician?

High-school diploma or a GED. Certification from an accredited, two-year dental laboratory technician program. Optional Bachelor's Degree in Dental Technology. Certifications in a specialty area of dentition if required.

What are some contents of a typical dental practice act?

As defined in Section 1016. (b)1 of the CCR, continuing education on the California Dental Practice Act is required and must include instruction on utilization, scope of practice, prescribing laws, violations, citations, fines, licensure, the identification of abuse, and mandatory abuse reporting [1].

Which term defines the failure of a dentist to recognize a dental disease?

Dental neglect is the “willful failure of a parent or guardian to seek or follow through with treatment necessary to ensure a level of oral health essential for adequate function and freedom from pain and infection,” as defined by the AAPD (American Academy of Pediatric Dentistry 2010).

How do I write a complaint letter to my dentist?

Follow this general format:give your own details (name, address, date of complaint);state the dentist's name and address;set out the details of your complaint and say how you want this complaint resolved; and,state any other relevant details.

Can the Dental Board issue administrative citations and fines?

The Dental Board has the authority to issue administrative citations and fines.

Is permission for a procedure to be performed which is granted by a patient after having been informed about the procedure's details?

Informed consent is the process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention. The patient must be competent to make a voluntary decision about whether to undergo the procedure or intervention.

Is rotten teeth child neglect?

Anyone involved in the care of children should therefore be aware that dental caries is an early sign of child neglect.

What does pap mean in dentistry?

A periapical abscess is a collection of pus at the root of a tooth, usually caused by an infection that has spread from a tooth to the surrounding tissues.

What is dental malpractice?

Dental malpractice, or dental negligence, can be defined as avoidable injury caused by a dentist who fails to take the proper care. Any case where a dentist has performed poorly, negligently or inappropriately which results in avoidable harm being caused to a patient can lead to a dental negligence compensation claim.

How long does a dentist Have to investigate a complaint?

We endeavour to deal with any concerns in a timely manner and we hope to resolve any complaints at the first point of contact. However, if an investigation is required we will acknowledge the complaint within three working days and endeavour to respond in full within twenty working days.

What do you do if you are unhappy with dental work?

Speak to the dental practice/dental professional providing the treatment. If you are unhappy with the treatment you have received, it is usually best to: speak directly to the dental professional concerned, or the practice that provided the treatment. explain why you are unhappy with the treatment.

What if a dentist makes a mistake?

To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.

What is the right to know about dental procedures?

This includes: The right to know the education and training of the dentist and dental team. The right to have a complete explanation of the purpose, goals, and risks of current and future procedures.

What is a dental patient?

The patient being treated. Any group or individual involved in the treatment, payment, or healthcare operations related to the specific dental procedure (including insurance) Anyone for whom informal permission has been granted by the patient (such as a family member) Other exceptions apply .

What is the ADA right to care?

Your Right to Care. The ADA dictates that, as a patient, you have a right to "reasonable arrangements for dental care and emergency treatment .". This doesn't mean that the dentist has to be available at all hours or participate in procedures for which he or she may not be qualified.

What is a DPRR?

In 2009, the American Dental Association (ADA) issued a Dental Patient Rights and Responsibilities (DPRR) Statement that outlined the entitled rights and protections for all individuals receiving dental treatment.

How often do you have to see a dentist?

The interpretation of this varies by state. Some states, for example, require a dentist to see you once a year, even if you only go in for cleaning.

What is the ADA?

Other states are laxer in their regulations. In addition to access, the ADA asserts that: You have the right to receive considerate, respectful, and safe treatment. You have a right to accept, defer, decline, or dispute any part of your treatment.

What is the right to ask questions and receive answers?

The right to ask questions and receive answers. The right to know in advance what the cost of treatment is expected to be.

Why is my dental office not a participating provider?

In most cases this has occurred because your office is not a participating provider for the insurance billed and they have paid off of what they (the insurance company) considers UCR fee. The patient is responsible for the difference. Improper dental claims management can create upset patients that leave your practice.

Why is it so hard to collect extra dental insurance?

Once dental claims are processed, it is very difficult to collect “extra” money owed by the patient because of a miscalculation of the deductible at the time of service.

What is deductible in dental?

A deductible is to be paid by the patient before any services are considered for payment. Knowing what your patient’s deductible is will help you to collect the right amount of money at the time services are rendered. This is a key to ensure that your accounts receivables are low. Once dental claims are processed, ...

What does EOB mean in insurance?

An EOB stands for: Explanation of Benefits. EOBs are NOT dental claims. EOBs are sent to your office as a receipt of services rendered. Every EOB is different and unlike that same standardization that is required to submit claims, insurance companies do not standardize their EOBs. It is important to pay careful attention to the columns, verbiage, ...

How long is a prosthetic replacement?

A prosthetic replacement clause is generally between 5-7 years but can be as much as 12 years. It is important to know what this clause is exactly for your patient’s insurance because dental claims are denied for this. It is then equally important for your office to find out how old the prosthesis is. If a patient cannot recall an estimated range ...

How often do prosthetics need to be replaced?

A prosthetic replacement clause is generally between 5-7 years but can be as much as 12 years.

Why are dental films important?

Not only are films important for diagnosing treatments but they are vital in making sure that your patient’s insurance pays to the maximum benefit that it should when dental claims are processed. Depending on the type of service if films, charting or photos are not available it is possible that no payment will be issued.

What is a bill of patient rights?

By and large, a bill of patient rights is a mission statement that reflects the beliefs and goals of an association or practice with regards to its patients.

What is HIPAA confidentiality?

As per HIPAA regulations, to confidentiality regarding your diagnosis and treatment, except when you agree to submit this information to others – such as insurance providers. (HIPAA is the Health Insurance Portability and Accountability Act, issued by the U.S. Department of Health and Human Services in 1996.)

When did the patient rights revolution start?

The Patient Rights Revolution. The concept of patient rights came to the fore during the mid- to late-1990s, during which time the rise in HMOs was thought to potentially signal a lower quality of health care.

2 attorney answers

You probably signed an agreement with this dental office that you'd be responsible for all billed charges whether covered by insurance or not, and that they'd bill your insurer for you as a courtesy but weren't obligated to do so. So on one hand you're obligated to pay for the services rendered to you...

Pamela Koslyn

It depends upon what you signed with your dentist. If they agreed to bill insurance and did not, you should only be liable for the uninsured portion of the services. However, many agreements say you are responsible for full amount of bill and insurance will reimburse you what you paid. Look at the agreement in your dental file.

Why are practices exposed to legal liability?

Practices can be exposed to legal liability simply because of an employee who is not appropriately trained or who is uncomfortable or incapable of accurately communicating with patients who are delinquent.

How to not threaten to refer a bill to a collection agency?

Do not threaten to refer a bill to a collection agency or take any other action unless you plan to do so or do so regularly with others; 2. Do not disclose to any third party, over the phone or otherwise, that you are attempting to collect a debt from a patient; 3.

What are the two legal issues that are often overlooked?

Two legal issues that are often overlooked are the federal Truth in Lending Act (TLA) and the federal Fair Debt Collection Practice Act (Fair Debt Act). Most physicians assume that the TLA does not apply to them because they're not engaged in consumer financing.

What to do if you are subject to TLA?

If you're extending credit and are subject to the TLA, then you should consult with your lawyer to prepare the disclosure documents necessary for the Truth in Lending Disclosures. These are basically the same documents you receive in any lending transactions in which you've been involved.

Does TLA apply to consumer credit?

However, TLA applies to any person who regularly extends consumer credit. The definition of consumer credit characterizes the transaction as one in which the party to whom the credit is extended is an actual person and the services that are the subject of the transaction are primarily for personal, family, or household purposes.

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.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

Who reviews ethics complaints?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

Robert Don Fink

Although the amount of money involved in the dental work is significant to most people, you will find the majority of attorneys reluctant to take on a dental negligence or malpractice case under the circumstances that you have described. One option available to you in Michigan; however, is the Michigan Dental Association's Peer Review program.

Scott R. Melton

This information is not correct. A dentist needs to drill and remove more of the teeth when they put on a crown than they do with a cavity. Schedule an appointment with this first dentist to discuss the problem, and if the dentist feels she did something wrong, she may reimburse you rather than be subject to a claim...

Christian K. Lassen II

Arrage an appointment with the initial dentist and explain your position. Point out how you do not wish to discuss your perceived poor treatment online but simply want a partial refund.