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.

Negotiating an Exclusivity Clause in Your Dental Lease

Consider: You found the perfect plaza to open your dental practice. On move-in day, you find out the vacant space next to yours has been leased. Turns out, it’s a competing dental practice. The practice puts large banners in the windows, directs traffic towards its space and offers specials for new customers. Where does that leave you and your dental practice? If your lease doesn’t contain an exclusivity clause, you’re out of luck.

Before you sign a lease for your dental practice, try to negotiate an “exclusivity” clause. An exclusivity clause is a provision in your dental lease agreement that can prevent competitors from leasing space in the same complex. Without one, a competing dental practice could run right next to yours, potentially taking away current clients and redirecting potential new clients to itself. An exclusivity clause typically works together with a “use” clause, which you can find more about by clicking here.

You’ll find that many leases do not include exclusivity clauses. That is because landlords typically only agree to let powerful tenants negotiate an exclusivity clause. If such is the case, don’t give up! You may still have the option to propose a more specific, less restrictive exclusivity clause. For example, instead of asking for an exclusivity clause that restricts all other dentists from leasing space, try to negotiate for an exclusivity clause that restricts only a competing specialty.

In addition to ensuring that an exclusivity clause is contained in your dental lease, your lease should impose severe consequences on your landlord if they breach the exclusivity clause. Most likely, allowing you to terminate your lease and vacate the premises won’t be the ideal option, as doing so can cause you to have to put your business on hold and incur significant unexpected expenses. For example, you may have to undertake market research for a new location or pay increased rent. To better protect yourself as a tenant, ensure that if your landlord breaches the exclusivity clause in your lease, you will receive a significant reduction in base rent, among other things.

Article prepared by: Amanda Howard

Dental Lease “Use” Clauses Can Grow or Cripple a Practice

A “use” clause is a term in a dental lease agreement that defines how a provider can use the leased space. In other words, a use clause defines the activities one can undertake and what services one can provide in a leased space. A use clause will typically also define the landlord’s control over the use of the leased space and the consequences for failing to abide by the use clause. A use clause typically works together with an “exclusivity” clause.

Despite its importance, use language is often overlooked by tenants because tenants don’t think it has as great an impact as it does, or tenants don’t seek legal advice and come to understand its significance. As a tenant, it is critical to review use language. A broadly defined use clause can facilitate the growth of a dental practice. Whereas a narrowly defined use clause can cripple it.

Consider: You are a general dentist who has offered general dentistry services for many years. You see an opportunity to grow and expand your business by adding and providing new services. You’ve decided that you want to bring an orthodontist and cosmetic dentist into your practice so that your business can be a one-stop shop.

Which use clause will allow you to grow your business? Which use clause will stop you from expanding?

  •  “for oral health and any and all other related activities”

OR

  •  “for general dentistry only”

If your lease contains the second clause, your opportunity for expansion is severely limited. And, if you choose to expand your services anyway, your landlord could terminate your lease and seek damages for breach of contract, depending on the lease terms.

The moral of the story is: Don’t underestimate the importance of the use clause in your dental lease!

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

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.

Continue reading

Recap: Dental Employment Contracts

fhlf dental law

fhlf dental lawBy: Chase Howard

Many young dental professionals are presented with the opportunity to join a practice after graduation. Making an informed decision and negotiating a fair contract can be difficult but will ultimately pay dividends for years to come. Here are some items to consider when reviewing and negotiating your employment contract.Continue reading

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

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

Webinar | Prepping Your Dental Practice for Sale

dental practice for saleChase Howard will present this live lunch n’ learn webinar for attendees interested in learning more about how to effectively prepare for the sale of their dental practice. He will cover issues like who and when to contact when considering a sale, proactive steps to lessen business disruption, when to tell your employees, and other important transition topics.

Preparing your dental practice for sale is quite possibly the biggest decision one can make! Understanding the legal landscape, the investment trends and options as well as what can optimize your business’ sale is essential. This webinar platform provides attendees to ask questions and chat directly with a highly qualified health law attorney.

April 22 @ 12:00 pm – 1:00 pm

Free