Oberman Law Firm

How Dentists Can Avoid a Dental Board Complaint

Dentists work tirelessly to provide quality care to their patients, but even with the best intentions, complaints and disputes can arise. A dental board complaint can damage a dentist’s reputation, lead to legal challenges, and even result in the suspension or revocation of a dentist’s license. To avoid these negative outcomes, it is essential for dentists to adopt best practices regarding patient care, communication, and record-keeping. Here are key steps that dentists can take in order to avoid a dental board complaint:

Maintain Open and Transparent Communication

  • Clear Expectations: Dentists should set clear patient expectations for the treatment process from the outset, which includes explaining the risks, benefits, and alternatives to proposed procedures. When patients understand what is involved in their care, there are fewer chances for a misunderstanding.
  • Informed Consent: An informed consent should always be obtained for simple as well as complex procedures. The informed consent should outline the procedure, potential complications, post-care instructions, and any alternative treatment. A properly drafted informed consent helps protect a dentist from allegations of negligence or lack of proper communication.
  • Active Listening: Take the time to listen to your patients’ concerns. Open communication builds trust and ensures that patients feel heard and valued.

Provide Competent and Thorough Treatment

  • Stay Up-to-Date with Continuing Education: Dentistry is an ever-evolving field, and it’s crucial to stay current with the latest techniques, technologies, and standards of care. Continuing education is not just beneficial for skill enhancement; but it also demonstrates a dentist’s commitment to professional development.
  • Competence in Procedures: Dentists should only perform procedures that are within their scope of practice and expertise. If a patient requires a procedure that is not within a dentist’s expertise, the patient should be referred to a specialist. Providing care beyond a dentist’s skill set could expose a dentist to unnecessary risks and legal consequences.
  • Double-Check Diagnoses: Inaccurate diagnoses can lead to improper treatment, which in turn can result in patient dissatisfaction and complaints. A dentist should ensure that their diagnosis is thorough and supported by all relevant tests and evaluations.

Accurate Documentation

  • Detailed Patient Records: Keep comprehensive records of all patient interactions, diagnoses, treatment plans, consent forms, and communications. Detailed records will provide a dentist with a layer of protection in the event of a patient dispute or complaint. Make sure that patient records are clear, legible, and updated regularly.
  • Document Conversations: If a patient expresses dissatisfaction, note the conversation in their records, including how the issue was addressed. Having a written record of these interactions can be crucial if the situation escalates to a formal complaint.
  • Treatment Notes: Every treatment provided should be well-documented, which includes information on what was done, why it was done, and how the patient responded. This documentation ensures that if a complaint is filed, a dentist can prove that the care was in line with acceptable standards.

Respect Patient Privacy and Confidentiality

  • HIPAA Compliance: Dentists must adhere to HIPAA (Health Insurance Portability and Accountability Act) regulations in order to ensure patient privacy. Breaches in confidentiality, such as discussing a patient’s medical information with unauthorized individuals, can lead to legal and ethical problems.
  • Secure Digital Records: With the rise of digital record-keeping, dentists must ensure that all patient data is securely stored and protected against unauthorized access. Proper cybersecurity measures should be implemented in order to avoid data breaches.

Set Professional Boundaries

  • Maintain Professionalism: Treat all patients with respect and professionalism. Personal relationships or inappropriate behavior, even if well-meaning, can lead to misunderstandings and complaints. Keep the interaction focused on the patient’s needs and care.
  • Avoid Conflicts of Interest: Dentists should not engage in activities that might raise questions regarding their professionalism, such as accepting gifts from patients, over-prescribing treatments, or making financially motivated decisions that could compromise patient care.

Respond to Complaints Professionally

  • Acknowledge the Concern: If a patient expresses dissatisfaction with their treatment, address the issue promptly and professionally. Acknowledge their concerns, offer to rectify the problem if necessary, and maintain a positive attitude.
  • Offer Resolution: Many dental board complaints arise from unresolved patient disputes. Offering a satisfactory resolution, such as a follow-up consultation or revision of a treatment, or a patient refund may help prevent escalation of a potential liability.
  • Keep Your Cool: If a complaint is made, remain calm and composed. Do not become defensive, argumentative, or dismissive. Instead, gather the facts, document the issue thoroughly, and take the necessary steps to resolve the matter.

Establish a Clear Practice Policy

  • Written Policies: Develop and implement written policies regarding treatment protocols, cancellations, office procedures, and fees. Having clear policies in place ensures consistency and minimizes the likelihood of patient confusion or frustration.
  • Patient Education: Educate patients about what to expect before, during, and after their visit. Clear signage in the office or handouts can go a long way in preventing misunderstandings.
  • Complaint Resolution System: Implement an internal system for handling patient complaints before they escalate. By addressing concerns early, a dentist may prevent complaints from reaching the dental board.

Consult with Legal and Risk Management Experts

  • Legal Counsel: If a dentist is unsure about certain aspects of patient care or have specific concerns, they should consult with a legal expert in dental law. An attorney that specializes in dental law can provide expert guidance on how to navigate difficult situations and protect a dentist’s practice.
  • Risk Management Training: Many dental associations offer risk management training that helps practitioners identify and mitigate potential risks. Participating in such programs demonstrates a proactive approach to maintaining a high standard of care.

Be Proactive in Patient Care

  • Regular Follow-Ups: After significant procedures, a dentist should follow up with a patient in order to check on their recovery. This proactive approach helps detect potential issues early and fosters goodwill.
  • Timely Referrals: If a patient’s condition is outside a dentist’s scope of practice, a patient should be referred to a specialist in a timely manner. Delaying or avoiding referrals can be seen as neglectful and may result in a dental board complaint or a malpractice claim.

Maintain Professional and Ethical Standards

  • Uphold Ethical Practices: Dentist’s must always adhere to the ethical standards set by their local and national dental associations, which includes practicing honesty, integrity, and fairness in their interactions with patients and colleagues.
  • Avoid Unnecessary Procedures: Do not recommend or perform unnecessary treatments for financial gain. Not only is this unethical, but it can also lead to serious legal consequences and damage to a dentist’s reputation.

Conclusion

By prioritizing clear communication, maintaining high standards of care, and adhering to professional ethics, dentists can significantly reduce the risk of a dental board complaint. Dentists should always strive to maintain transparency, be diligent in their documentation, and address patient concerns promptly. Ultimately, fostering a strong relationship with patients and upholding the highest level of professionalism will protect both the dentist and their practice from unnecessary legal and reputational challenges.

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