Dentist Malpractice Law

Illustration of a long shadow tooth icon with an unbalanced weight scale

Dental malpractice laws in Florida regulate the professional conduct of dentists and help to ensure that patients receive proper care. The statutes regarding malpractice law for the dental profession evolve regularly, often in response to issues that come up in the courts.

For this reason, it is important to keep up with what constitutes malpractice in the state of Florida as long as you are a dental professional.

Florida Dental Malpractice Law

Dental malpractice occurs when a dentist fails to provide care that meets the standard of care in the industry and causes injury or harm to a patient.

Remember that a case can be brought by a patient because they believe the care received did not meet the standard of care for the industry, but that doesn’t make it true unless their definition of “standard of care” matches the state’s definition, and they have proof of their allegations. This means that hundreds of dental professionals get served with meritless cases every year in Florida.

Dental Malpractice Suit Requirements in Florida

There are some rules that those who file malpractice claims in Florida must follow, and one of them is a statute of limitations. In most cases, patients have two years from the date of perceived injury to file a dental malpractice lawsuit, though in some cases, the statute of limitations may be extended to four years from the date of discovery of the injury if that occurred long after the date of service.

In order to bring a successful dental malpractice lawsuit in Florida, the patient must have the testimony of a qualified dental expert witness who can attest to the standard of care and whether the dentist failed to meet that standard. This is a critical piece of the puzzle. For many dentists who have been wrongly accused, providing information that contradicts the expert witness is crucial.

Dental Malpractice Damages

Should the patient win a dental malpractice lawsuit in Florida, they may be awarded damages, which usually includes the cost paid for dental expenses, lost wages, and potentially pain and suffering.

There are caps on the amount of damages that can be awarded in dental malpractice cases in Florida. The cap will vary based on the following:

  • Type of damages (such as non-economic versus permanent injury or death)
  • Number of plaintiffs
  • Current law in Florida


Before a Dental Malpractice Case Goes to Court in Florida

It’s important to note that before a malpractice claim can go to court, the patient must provide written notice of the claim to the dental professional and give them time to investigate what happened and respond, potentially keeping it out of court.

If the claim cannot be settled out of court, it must be reviewed by a medical panel for merit. Only then can it go before a court.

If you are facing a malpractice claim, contact Florida Healthcare Law Firm to get the support you need to address the issue proactively.

Understanding the Termination Upon Death or Disability Clause in Your Lease

So what exactly does a death and disability clause do? It protects you, your family and/or your estate from liability under your lease in the event of your death or disability. It allows you or the entity through which you lease space (the “tenant”) to be relieved of all obligations under the lease. Without including such language, the tenant will remain obligated to perform all the terms under the lease, including, for example, paying monthly rent and common area maintenance expenses.

Remaining obligated under the lease can cause undue hardship. For example, if you are your medical practice’s sole provider and you become disabled or your practice loses a critical employee due to death, your practice won’t make money, as the practice can’t see and treat patients.

Of course, landlords aren’t the biggest fans of death and disability clauses because such clauses don’t benefit them. Even in the case where a landlord allows for a death and disability clause, it likely will come with conditions. For example, a landlord may require you or your estate to pay for costs associated with reletting the leased space and pay rent until a new tenant leases the space. Or, if the landlord funds your tenant improvements and they are of a significant amount, the landlord may require a hefty termination fee upon your death or disability to recoup those improvements costs.

If your landlord refuses to allow for a death and disability clause, it’s important to have a plan that comes into play upon your death or disability. That may be by having an arrangement in place where you or your estate sells your practice and the lease transfers to the buyer. In such a case, it’s important to have language in the lease that expressly allows for such a transfer.

Article by: Amanda Howard

Can Florida Dental Board Execute Disciplinary Actions?

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Gross negligence, incompetence, unprofessional conduct, and repeated incidences of any or all of these may give the Florida Board of Dentistry cause to levy disciplinary action against a dentist, dental hygienist, or dental provider in the state of Florida.

Fraud, licensure issues, and other problems may also be the source of a disciplinary action brought by the Florida Board of Dentistry.

What Does the Florida State Dental Board Do?

The Florida Board of Dentistry helps dentists, dental hygienists, and dental labs to secure licensing in the state of Florida as well as supply them with the information they need to remain in compliance year after year.

For dental professionals, there is an online resource available to assist with the process, making it easy to stay current with regulatory changes, renew licensing, and keep up with other dental information as needed.

Dental board of Florida license verification is an especially important duty, providing all dental professionals across the state with easy access to the tools they need to make sure they are always up-to-date.

Dental Board of Florida Complaints and Disciplinary Actions

Florida dental board disciplinary actions may be the result of an investigation into a complaint made by a patient or other entity claiming negligence, fraud, or civil rights violation.

When complaints are filed with the Dental Board of Florida, an investigation usually follows. If the board finds that the complaints are valid, a citation or other disciplinary action may ensue.

However, the filing of a complaint or an investigation by the Florida Board of Dentistry does not guarantee that disciplinary action will result.

Whether the complaint is filed against you as a dental professional or against your clinic or agency, you may have recourse to respond and rectify the situation without disciplinary action. If that is available to you, you should take it.

Recourse Against Florida Board of Dentistry Disciplinary Action

Depending on the nature of the complaint, there will almost always be a path to respond within a certain timeframe. Your response could clarify the situation enough that the investigation is closed right there. In some cases, however, more clarification may be requested or the investigation may be elevated.

Knowing how and when to respond to disciplinary action and complaints can be the key to simplifying the process, saving you time and money.

Get Help With the Florida Board of Dentistry

If you believe that you have been the victim of a fraudulent complaint or if you are unsure how to protect yourself or your dental business going forward, contact Florida Healthcare Law Firm today to set up a consultation.

We can assist you with navigating the legal paperwork, manage meditation and court appearances, and help you to upgrade your processes in the workplace so you can get back to doing what you do best.

What to Know When Buying a Dental Practice

Preparing to buy a dental practice may seem like a daunting task. There are many considerations, many of which usually require an expert opinion and guidance. Buying a dental practice involves legal, financing, real estate, and accounting expertise, at the very least, to ensure a smooth deal with the buyer being protected. Here’s what to consider:

Legal

Buying a practice usually means buying the assets of the practice, rather than the corporation itself. In any event, the buyer is taking a significant financial and legal risk and just like any other purchase, you want to make sure that you are getting what you paid for and not any (or at least as little as possible) of the baggage. Every dental transaction should include a well-drafted and thorough purchase agreement which includes substantial representations and warranties by the seller, thorough lists of included and excluded assets, terms addressing restrictive covenants, and disclosures about any potential liabilities affecting the practice. In addition, some transactions might require a portion of the purchase price to be seller financed. In that case, there will be a need for a promissory note and security agreement. As the deal progresses, there might be a need for additional documents to cover an assignment of rights for certain licenses, contracts, and other. Among other things, the final document signed includes a bill a sale, which is like a receipt for the buyer evidencing the sale of the assets.Continue reading

How to Prepare Your Dental Practice for Sale in Florida

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There are a number of laws and rules regulating the dental industry in Florida. The sale of a dental practice is regulated by these laws.

It is imperative to not only stay in step with all the legal practices and procedures to protect against liability issues down the road but also to ensure that you get the most profit possible from the business you’ve worked so hard to create.

Know the Cost of Selling Your Dental Practice

Before you begin the process of putting your dental office up for sale, it’s a good idea to know all the costs involved. Speaking with your accountant to better understand the tax implications and how to manage equipment issues, unsold goods, employee transfer, and more can help you determine when might be the right time to sell. In some cases, it may be prudent to postpone a sale by a few months or years to get everything in place.

Know the Value of Your Dental Office

A proper valuation should be done prior to putting your dental office up for sale, so you know you are asking a fair price. Avoid any company offering to do this for free as it likely will not be done thoroughly.

During the process, keep up a steady level of patient care and continue to take on new patients. This will ensure that the value of your practice does not drop.

Choose a Healthcare Law Firm With Dental Experience

It will save you thousands of dollars in the long run to work with an experienced law firm who knows the ins and outs of the paperwork, the questions you should be asking, and the lay of the land in the dental community in your area.

Contact Florida Healthcare Law Firm today to begin the process of preparing your dental office for sale.

Buying a Dental Practice? Here’s What to Consider

tips for buying a dental practice

tips for buying a dental practiceBy: Chase Howard

Whether you’ve been in practice for years or you’re just graduating, buying an existing dental practice can be a great way to quickly enter into an already established patient base without the pains of starting up from scratch. While it may seem like a daunting task, the right team can make the purchase transaction flow as smoothly as possible. Here’s a list of important things to consider when negotiating the purchase.

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Dentist Employment Contracts

https://floridahealthcarelawfirm.com/our-team/chase-howard-attorney-florida-medical-lawyer/

https://floridahealthcarelawfirm.com/our-team/chase-howard-attorney-florida-medical-lawyer/By: Chase Howard

A dentist’s first employer agreement is just as important as their last one. While all contracts include basic terms regarding compensation and restrictions, many simply do not contemplate important terms that have impacts on Dentist’s daily lives. Understanding, and negotiating, your contracts is the most valuable investment you can make prior to entering into a contract.

To understand what’s in your employment contract, simply read it over a few times. To understand not only how those terms affect you, but also what isn’t in your contract, hire an experienced health care lawyer.Continue reading

Prepping Your Dental Practice for Sale

dental practice sales transaction

dental practice sales transactionBy: Chase Howard

Thinking About Selling Your Practice? Preparation is key and the difference between a successful sale and seller’s regret.

Step 1: Call Your Financial Planner

  • Be sure that you can afford to leave the business
  • Most buyers will require a comprehensive non-compete and you should be certain that you are financially prepared to retire, sell, or move before signing any restrictions.
  • You will also want to ensure that you are planning for the income you are about to receive. Are there vehicles in place or options that are best to ensure the purchase price is put to its best use for you.
  • Consider post sale options if not retirement – are you going to be employed by the buyer? Are you selling to an associate and will phase out? Are you just moving and will need to find new employment/open a practice?

Step 2: Visit Your Accountant

  • Your business is only worth as much as can be defined on paper.
  • If a potential buyer cannot make sense of your accounts and assets, you may leave significant value on the table.
  • Get your financial history in order by reviewing tax returns, profit statements, AR reports, and payroll history for prior 3-4 years.
  • Clean up creative bookkeeping – you will have to promise the buyer that your financial statements are true and accurate.
  • Have your accountant help value assets of your business – or use an appraiser if necessary.
  • Discuss company structure – there may be restructuring needs or you may need to transition to a different structure for tax purposes.

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Florida Healthcare Law Firm Offers Telehealth & Teledentistry Advisement During Covid-19 Pandemic

Florida Healthcare Law Firm is offering advisement by way of webinars to dentists and dental professionals during the Covid-19 pandemic. The firm, which offers legal assistance to medical professionals and businesses, is working in the dental law field and assisting professionals who are currently not working due to the coronavirus so that they can continue to provide assistance to their patients. With education top of mind for the firm, the telehealth and teledentistry campaign is to inform dental professionals on how to directly stay in contact with patients and offer services via audiovisual telecommunications.

“The coronavirus has hit our country hard and most small businesses. Dentistry is at the top of the list and even though dental law is one of our top fields, we wanted to make sure that we adapted to the times and offered a reliable service to our clients and those in the field impacted by this pandemic. Technology allows doctors to connect with patients from anywhere in the world and knowing that you can reach a medical professional who you’ve trusted for years is important, especially right now.” Florida Healthcare Law Firm Representative. “Although dental services have been deemed “non-essential business,” we know how important dental health is. Patients will still have dental questions or concerns during the office shut-downs.”

Because telemedicine is not a service usually offered by dentist offices, many doctors and business owners are finding it difficult to adjust and offer remote service. The law firm has stepped in and is offering free information webinars and other forms of digital content which can provide clarity and guidance for these small businesses so that they can stay open and provide care for their patients. With a limitation elective services, as well as many in the public not wanting to leave their homes right now, telehealth provides a bridge where patients can still get reliable care and advisement from someone they trust.Continue reading

What Can Dentists Do during the Covid-19 Pandemic?

dentist businesses during covid-19By: Chase Howard

Like most medical practices and businesses in Florida, dental practices have been deemed non-essential except for emergency type services. For good reason, non-life threatening care, surgeries and services are put on hold to help curb the spread of COVID-19, which has left providers with the question of what they can do to maintain and treat patients remotely.

Recently, the American Dental Association (ADA) provided helpful guidance on the difference between emergency and nonemergency care, as well as the use of teledentistry.

Teledentistry is the use of a telehealth system through a variety of different technologies to deliver virtual health services, including dentistry.

Telehealth includes live video (synchronous), store and forward (asynchronous), remote monitoring, and mobile health. Live video is a live, two-way transmission of audiovisual telecommunications. Store and forward is a recorded file of the patient’s health information. Remote monitoring allows a provider to track patient health data through the use of devices which transmit data to a portal which the provider can securely access. Mobile health is the use of personal devices to share health information and education.

The ADA has echoed local governments calls to alleviate the pressure on emergency services by having healthcare professionals postpone all elective services and non-emergency care. The ADA put forth guidance to help individuals and dentists determine what constitutes a dental emergency, which includes issues that are potentially life threatening and require immediate treatment. Immediate treatment would include stopping bleeding or treating severe pain, infections, or conditions. A more complete guide can be found here.Continue reading