Real Dental Malpractice Story: Blamed After Poor Follow-Up Care

As a dental professional, you help alleviate your patients’ pain. But you can’t do the work alone. Whether adhering to care instructions, attending follow-up appointments, or promptly reporting any issues or concerns, your patients have responsibilities too.

But what happens when a patient doesn’t do their part? And what do you do when that patient holds you financially responsible for complications after treatment, even when you provided a high level of care?

This was a real-life experience for one of our clients, a young dentist with a newly established practice, who had performed what she thought was a routine root canal on a patient. The patient didn’t follow her instructions, resulting in complications and added costs from a temporary filling.

Keep reading to learn what happened and how having an experienced dental liability insurer helped defend this dentist against misunderstandings of procedure, care, and personal responsibilities.

A Root Canal & Clear Post-Op Instructions

The patient first came to our client’s dental practice due to pain on the right side of his mouth. Though he didn’t have the pain during the visit, the client noticed decay on tooth #29, a bicuspid on the bottom right side of the patient’s mouth. She recommended he return for a root canal if the pain came back.

A few days later, the patient returned to the office for the root canal, which went smoothly. After the procedure, our client informed the patient that she had placed a temporary filling to ensure the pain subsided before proceeding with a permanent core buildup and crown. She explained that the temporary filling “may come out” and that the permanent crown should be done in two weeks.

She scheduled a post-op appointment for the next day and the two-week follow-up appointment for the permanent core buildup and crown. Later that evening, she called the patient to check in and learned he was feeling much better.

Missed Appointments & a Forewarned Complication

The next day, the patient missed the post-op appointment. A few days later, however, he returned to the dentist, citing that he was feeling better but had experienced a “persistent loss of sensation” on the lower right side of his mouth. Our client conducted nerve testing and made a referral to an oral surgeon for further testing. A week later, however, the patient returned to the office complaining of continued loss of sensation. When the dentist inquired about his visit to the oral surgeon, the patient admitted he “lost the referral.”

Still eager to help the patient, our client called the oral surgeon, who suggested prescribing medication to calm the nerve inflammation. Our client wrote the prescription and made an appointment for the client to see the oral surgeon.

The patient never saw the oral surgeon.

Nonetheless, our client contacted another oral surgeon and made an appointment for the patient.

The Accusation & an Unexpected Demand

That permanent crown follow-up appointment scheduled two weeks after the root canal? The patient missed that one too. In fact, our dentist did not hear from her patient for nearly two months. That’s when he called the office saying his temporary filling had fallen out.

Our client offered to have him return to the office to continue with the core buildup and crown. The patient, however, told her he would be out of state for three months and needed to have the filling replaced at a dental office in Michigan, where he was staying.

He also demanded that our client pay the cost of the permanent crown to the dentist in Michigan. He cited that he “did not know it was a temporary filling” and told her that she “had not communicated well.” “You don’t speak very good English,” he told her.

Our client refused to pay since she had very clearly told him about the temporary filling several times during the procedure, after she called to check on him, and in subsequent visits.

Berxi Steps In

Though the patient had not initiated a malpractice claim or filed a licensing complaint, our client took an important and proactive step to protect herself: she logged in to her Berxi account and filed a claim. The claim was assigned to Jessica McCarthy, Complex Claims Director at Berxi, part of Berkshire Hathaway Specialty Insurance Company (BHSIC). Jessica called the client the same day.

“She was very upset,” Jessica recalls. But, after getting our client’s input, Jessica quickly realized the dentist wasn’t at fault. “There was no assessment of liability on her part. She didn’t do anything wrong and provided good customer service and assistance.”

Working Together to Resolve the Claim

The client and Jessica discussed the next steps. Typically, when a claim is made against a client, Jessica initiates contact with the patient. However, in this case, Jessica and our client were concerned that the patient might seek additional compensation if he knew her insurance provider was involved.

They decided our client would contact the patient and keep Jessica apprised of the outcome. However, when the patient persisted with his financial request, Jessica sent a denial of liability letter at our client’s request. “It stated that there was no evidence that our client caused him injury and that he missed appointments that were part of the procedure,” explains Jessica. “Our client eventually sent the letter, and the patient did not respond.”

After a few months of silence, Jessica closed the claim. “I informed her that if the patient contacts her again or if she receives notice of a lawsuit or board complaint, I would reopen the claim and assign an experienced attorney to represent her.”

The Peace of Mind of Berxi Dental Malpractice Insurance

This story illustrates that you can never anticipate when an accusation of liability can occur, even when you’ve provided exceptional care. Fortunately, our client had Berxi on her side, helping advise, support, and defend her through the unfounded claim.

If you’re looking for a trusted dental malpractice insurance provider that has your back, Berxi can offer you:

• Competitive rates through direct-to-you coverage
• No annual fees or association membership needed
• Single and group policies, including hygienist coverage
• The financial backing of an A++-rated insurer
• Quick, easy online quotes and policy management
• Expert claims support when you need it most

To get protection and peace of mind for your livelihood from a trusted and experienced dental malpractice insurance provider, start your quote here.

 

Image courtesy of iStock.com/Staras

Image courtesy of iStock.com/dikushin

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The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer