why dental practice needs lawyer

by Prof. Kelsi Treutel I Published 2 years ago Updated 1 year ago 6 min read

Dentists often retain a dentist license attorney at some point to perform a compliance audit and recommend best practices. Often small changes, or just making sure your office staff is sensitive to certain specific issues, can dramatically lower the likelihood of triggering an investigation.

An experienced dental attorney can advise you on issues regarding state and federal employment laws and assist you with wage and hour disputes, retaliation claims, harassment and discrimination issues, wrongful termination claims, and other employment law issues.Mar 11, 2020

Full Answer

Why is it important to have lawyers?

Lawyers are advocates and advisors for our society.

They work to represent individuals and corporations in civil trials, and to promote justice in criminal trials. Attorneys work as advisors to their clients, informing them of their rights, the processes of law and help them navigate the sometimes-tricky legal system.Apr 18, 2012

What are 3 responsibilities of a lawyer?

Duties

Advise and represent clients in courts, before government agencies, and in private legal matters.
Communicate with their clients, colleagues, judges, and others involved in the case.
Conduct research and analysis of legal problems.
Interpret laws, rulings, and regulations for individuals and businesses.

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Why is jurisprudence important in dentistry?

Dentists must maintain clean working conditions in clinics. One important area of dental jurisprudence is the licensing requirements for dentists. These requirements ensure that everyone practicing dentistry meets some basic standards, protecting the health and safety of people who seek dental care.May 2, 2022

What are some legal issues in dentistry?

Most legal issues related to dental practice involve civil wrongs or torts; that is, wrongful acts or injuries, not involving breach of contract, for which an individual can bring a civil action for damages. Malpractice is part of the law of negligence, which constitutes one kind of tort.

What is the most important task of a lawyer?

Providing legal advice and guidance. Writing contracts. Meeting clients (individuals or businesses) Attending court hearings.

Do lawyers lie?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

What are dental ethics?

Dental ethics is “a system of principles governing the dental practice, a moral obligation to render the best quality of dental services to the patient and to maintain an honest relationship with other professionals and society.”¹ Dental ethics plays an integral role in the daily practice of dental hygiene and ...Jul 26, 2021

What does jurisprudence mean in law?

the science or knowledge of law

Jurisprudence--the study of legal philosophies, theories and perspectives--plays an important role in intellectual life of the Law Center. The word "jurisprudence" derives from jurisprudentia, a Latin term meaning the science or knowledge of law.

What is dental jurisprudence exam?

The jurisprudence examination contains questions related to Washington state dental laws, rules, interpretive statements, and guidelines. Once you begin the examination, there are web links to the law, rule, statement, or guideline that is associated with that specific question.

How does legal and ethics relate to dentistry?

The core issues in dental ethics are the ethics of the dentist patient relationship, patient's confidentiality, and the need to obtain informed consent. Although law and ethics have similarities, law may be better defined as the sum total of rules and regulations by which a society is governed.Mar 29, 2017

What are the legal and ethical advertising guidelines the dental practice needs to follow?

The ADA welcomes advertising in its publications as an important means of keeping the dentist informed of new and better products and services for the practice of dentistry. Such advertising must be factual, dignified, tasteful and intended to provide useful product and service information.

What are some ethical issues in dentistry?

Categories of Ethical Dilemmas

Breaches of confidentiality.
Failure to disclose dental mistakes.
Over treatment and poor quality dental treatment.
Requests for fraudulent documentation.
Requests for narcotic medications.
Requests for inappropriate treatment.
Deceptive dental marketing and advertisements.

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Reasons to Hire a Dental Attorney

Although there is a common misconception that attorneys are only needed for drafting complex legal documents and litigating disputes, the reality is that the insight and guidance of an experienced attorney can be more important to your dental practice than you think.

Experience with Business Law

From a business law perspective, your practice needs an attorney to not only assist with legal topics but also the business aspects of running a successful dental practice:

Experience in the Dental Industry

The healthcare industry, including dentistry, is probably the most heavily regulated sector in the United States. There are state laws and regulations that govern the industry as well as federal statutes and regulations over those.

What are the consumer laws for dentists?

Like any customer-facing business, dentists must comply with all FTC requirements for advertising, product quality and other consumer issues. There are, however, other issues in consumer law that apply specifically to medical professionals, including dentists.

What are dentist patient rights?

Dental Patient Rights. If you are a member of an association or state licensing board with a set patient rights statement, like most dentists, you are held to its tenets as a matter of consumer law. Any violations leave you open to sanctions and lawsuits.

What is HIPAA for dentists?

HIPAA, the Health Insurance Portability and Accountability Act, sets the standard for protecting sensitive patient data. As a dentist, your patient records are subject to HIPAA, which means that any physical and digital records must be protected with proper safeguards. In general, records of and information regarding patient diagnosis and treatment must be kept strictly confidential except when given written permission to disclose it to others, such as insurance providers.

Can a dentist become an associate?

Many dentists will join a dental practice as associates early in their careers. These associate agreements can dictate not only your future earnings potential and career path, but also have greater legal implications. You should carefully assess the merits of these offers and scrutinize for any limiting clauses, such as transfer of ownership of patient charts, non-solicitation provisions and non-compete clauses. If you are not sure of the potential legal implications of an offered associate agreement, it can help to discuss the contract with an attorney.

Is clinical negligence covered by malpractice insurance?

Clinical negligence lawsuits can be costly and complicated cases to resolve, even though payouts should ultimately be covered by malpractice insurance. If you may be facing a dental malpractice suit, it may be prudent to consult a malpractice lawyer immediately.

Do you need to give consent for a dental procedure?

Consent. Every time you perform a dental procedure on a patient for the first time, you first need to obtain informed consent. All states have certain requirements for what constitutes informed consent, but in general, any informed consent discussion should include information about:

Do you have to have a lease agreement for dental office?

Yes. Beyond the typical legal and logistical needs of a typical lease agreement, you must meet the necessary health and sanitation requirements for a dental office. Ideally, these should be written into the lease agreement to ensure that there are no difficulties meeting them later.

Why Dental Practice Ownership is Important

As with most things in life, there are advantages and disadvantages to being a dental practice owner. The good news is that today the advantages far outweigh the disadvantages even in a COVID-19 world.

The Benefits of Owning Your Dental Practice

Perhaps the biggest potential benefit of making the transition to owning your own practice, whether you are developing a solo practice or partnership, or buying a dental practice, is that you have the flexibility to create your business how you want it to be run. You have control of your own destiny.