Dental Board Complaint Case Study: I Was Accused of Extracting the Wrong Tooth

Patient satisfaction is critical to the success, reputation, and livelihood of every dental professional. So if a patient accuses you of making a costly mistake in the course of care, it can be devastating.

What’s even more upsetting, though, is when that patient files a licensing board complaint against you — even though you followed the standard of care and did precisely what the patient authorized you to do. Suddenly, you’re forced to defend your reputation and livelihood, as one Berxi customer, a self-employed dental professional, had to do.

Read on to learn more about what happened, the critical step the dentist took to protect himself and his livelihood, and the support he received from the dental malpractice insurance provider that was looking out for him.

A Patient in Pain & an Unexpected Complication

Our story begins with a patient who came to our client to seek relief from tooth pain. Upon examination, the dentist determined the patient needed a root canal. The patient agreed to the procedure, but on the day of treatment, he informed the dentist he no longer wanted to incur the expense. Instead, he requested that the dentist pull the tooth. Respecting the wishes of his patient, the dentist agreed to extract the tooth but not before taking a crucial step for his business: he had the patient sign a consent form, a legal document that outlined the steps the dentist would take, the risks involved, and the tooth that was to be pulled.

After the procedure, the patient was unhappy with the appearance of the missing tooth and accused the dentist of pulling the wrong one. The dentist reminded him of the consent form, reaffirming that the dentist had pulled the correct tooth. To respond to the patient’s concern, our client offered to provide an implant at no cost. The patient declined.

A short time later, while the dentist was vacationing out of the country, he received an email informing him that his patient had filed a licensing board complaint against him and that the board would need to see his records. Understandably, our client was upset and worried that he wouldn’t be able to defend himself while away.

Putting the Berxi Claims Team to Work

Fortunately, our client had someone looking out for him at home who would help defend the complaint: the team at Berxi (part of Berkshire Hathaway Specialty Insurance). Our client wasn’t sure what his policy covered, but he took an important step to protect himself: he called Berxi Claims Support and filed a claim.

The claim was assigned to Helena Allen, Claims Examiner, who called the dentist immediately to get the details of what happened and explain what his policy covered. She also reviewed the documentation our client provided about the treatment, including the consent form.

Within 24 hours, Helena assigned an attorney to help defend the board complaint on behalf of the client. The choice of attorney was easy. “I had worked with this particular attorney on other board complaints and really liked her work,” says Helena.

Helena shared the information from our client and requested a legal strategy from the attorney. The attorney assured her that the complaint was defensible, and Helena put her in contact with our client.

How Dental Board Actions Work

Designed to protect the public, licensing boards investigate complaints made against licensed professionals for having violated standards of care, competence, ethics, and federal or state law. Any individual can file a complaint, including patients, co-workers, former employees, and family members of patients.

When a licensing board receives a complaint, it must decide whether to close the case, hold a hearing, or proceed to a settlement conference. If, after investigation, the board finds in favor of the person who filed the complaint, it may institute disciplinary actions on the professional provider, which can include:

• Fining the provider
• Requiring the provider to obtain additional education or training
• Suspending the provider’s license
• Revoking the provider’s license

Given the high stakes involved with licensing board complaints and the fact that they can be filed at any time by just about anyone, they can be one of the most serious risks for dental providers. That’s why it’s critical to work with an experienced attorney. In this case, our client had a personal dental malpractice plan with Berxi that automatically comes with coverage extensions to help with legal defense costs for licensing board reviews. As a result, the dentist received free representation from the attorney.

A Case of a Patient’s Word vs. a Dentist’s

After reviewing the documentation and communicating with the dentist and Helena, our client’s attorney responded to the complaint. Eventually, a hearing was scheduled. The attorney helped our client prepare for the hearing and questioning that would ensue and accompanied our client to the hearing.

Since our client had a signed consent form from the patient authorizing the pulling of that particular tooth, the board ruled in favor of the dentist, and the complaint was dropped.

The Benefit of Having Berxi Dental Malpractice Insurance

This case demonstrates that you can never anticipate when a licensing board complaint or lawsuit will be filed. It also shows how having strong dental malpractice insurance coverage can help protect you. With Berxi working for him, the dentist was able to:

• Get automatic coverage for board complaints as part of his supplemental malpractice insurance policy. Many employer insurance malpractice policies don’t offer this coverage.
• Be defended by a high-quality attorney experienced with board complaints.
• Have attorneys’ fees, which amounted to $3,500, paid by Berxi.
• Get the matter resolved quickly and go back to practicing dentistry.

Some added benefits of Berxi’s dental malpractice insurance include:

• 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

Learn more about how to choose dental malpractice insurance. To get this protection and peace of mind from a trusted, highly rated company, start your quote here.

 

Image courtesy of iStock.com/andreygonchar

Image courtesy of iStock.com/SDI Productions

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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