Dental Legal Concepts

Dental Legal Concepts (DLC1)

Short Course: 7 ADA CERP/AGD PACE Credits (EXPIRES 8/31/19); for CE/CPD (Code 555) or 10 for California Board of Dental Examiners (CBDE) for CD/CPD Credits

Courses are appropriate for:  General Dentists, Oral Surgeons, Endodontists, Geriatric Dental Specialists, Dental Implant Surgeons, Prosthodontists, Dental Assistants and Dental Hygienists

Dental Legal Concepts, Series 1 (DLC1) Topics Include: Legal Concepts in Dentistry, Dental Liability, Dental Malpractice, Standard of Care, Tort Law Mistakes,  and more.

To view topic outline of the full or short course, select the Course Type (Short) below:
Format:
Available in Audio format.
Only Available Option: Short Course/Part A

Instructor Bio

Dr. Benjamin Dyches, DDS, JD

Dr. Dyches is a practicing dentist and the CEO of Aegis Protectors, a firm dedicated to protecting healthcare professionals in our ever-changing medico-legal scenario. Aegis Protectors provides compliance solutions (HIPAA, OSHA, etc.). They also handle healthcare practice transitions, provide consultation, and specialized healthcare valuations.  Dr. Dyches is also a mediator for the Justice Court system. He focuses on conflict resolution in healthcare and business disputes.  Previously, Dr. Dyches owned, managed, and provided care in a group of dental practices. In that capacity, he managed many employees, associate and partner doctors, and patient care protocol and procedures. He also owned and operated a Medical Equipment company.  Dr. Dyches is passionate about helping practicing healthcare providers both understand the law and protect themselves from it. He approaches risk management with a unique perspective that draws from legal training, practical expertise, and personal experience to create solutions.  He focuses not only on what he believes all healthcare providers should know, but also the best combat strategies when the time comes to fight back.
 
Conflict of Interest Disclosure: None reported

Topics

Introduction and Legal Concepts in Dentistry

In this section, we will explore eight important legal concepts, including the source of laws, the legal hierarchy and preemption, judicial review, and statutory interpretation among others all by application to a recent Supreme Court case, North Carolina State Board of Dental Examiners v. Federal Trade Commission.

The Legal Process: Critical Steps in a Dental Liability Case

A lawsuit is composed of many individual steps and small battles. In this section, we examine these steps, what you can expect, and how you can best participate to protect your interests. We also discuss vicarious liability.

Tort Law: The Law of Dental Malpractice and the Standard of Care

Tort Law or malpractice law is the primary area of concern for most dentists. In this section we examine the anatomy of a malpractice lawsuit, the four things every plaintiff must prove to succeed in a lawsuit, and the standard of care.

The Top 11 Tort Law Mistakes that Dentists Make (Mistakes 1-6)

1. Problem patients, the doctor/patient relationship, abandonment, and termination.
2. Pursuing collections.
3. Failure to fully disclose adverse treatment outcomes or events.
4. Recordkeeping and the failure to advise staff of the need for consistent, accurate and complete documentation.
5. Failure to maintain a good chairside manner with patients.
6. Failure to designate a point person to oversee risk-management issues, recognize problem situations early, and investigate them.

The Top 11 Tort Law Mistakes that Dentists Make (Mistakes 7-11)

7. Failure to avoid negative comments and remarks about other dentists or healthcare providers.
8. Failure to follow up.
9. Failure to refer when needed.
10. Avoiding the Dental Board's letter.
11. Failure to communicate clearly with your patient before treatment.

Course Objective

Part 1: Introduction and Legal Concepts in Dentistry

Gain a basic understanding of a number of the most important legal principals, including:

1.      Case classification – civil or criminal

2.      The source of laws in the United States

3.      The Hierarchy of Laws

4.      The Scope of the State Dental Practice Act

5.      Preemption

6.      Judicial Review

7.      Statutory Interpretation

8.      Due Process

Part 2:  The Legal Process: Critical Steps in a Dental Liability Case

1.      Learn the steps in any lawsuit and be able to apply them to a variety of dental specific scenarios.

2.      Learn where you can help and when you need to work with an attorney.

3.      Learn about vicarious liability and be able to identify areas of liability specific to dentistry.

Part 3:  Tort Law: The Law of Dental Malpractice and the Standard of Care     

1.      Understand the basic framework of tort law and negligence.

2.      Learn the negligence rubric and how it applies to dentistry.

3.      Understand why the standard of care is a challenging concept.

4.      Understand how the law and expert witnesses create a standard of care.

5.      Learn how customary care, evidence based dentistry, and clinical practice guidelines can help determine the standard of care.

Part 4:  The Top 11 Tort Law Mistakes that Dentists Make (Mistakes 1-6)

      1.      Problem Patients,

a.      Be able to understand the risks involved with problem patients

b.      Understand the contract nature of the Doctor/Patient Relationship.

c.      Understand what constitutes the tort of Abandonment.

d.      Understand how to properly terminate a doctor/patient relationship.

       2.      Pursuing Collections

a.      Awareness of high risk collections situations and procedures.

       3.      Failure to fully disclose adverse treatment outcomes or events.

a.      Understand how to handle adverse situations in the dental office.

b.      The legal steps in broken, separated, or aspirated instruments scenarios.

       4.      Recordkeeping and the failure to advise staff of the need for consistent, accurate, complete documentation.

a.      Legal recordkeeping requirements

b.      Risk management record keeping scenarios

c.      Understand the minimum charting requirements 

       5.      Failure to maintain a good chairside manner with patients.

a.      Understand the importance of communication and good chairside manner.

       6.      Failure to designate a point person to oversee risk-management issues, recognize problem situations early, and investigate them.

a.      Learn a system of incident management that can be applied immediately in your office.

Part 5:  The Top 11 Tort Law Mistakes that Dentists Make (Mistakes 7-11)

       7.      Failure to avoid negative comments and remarks about other dentists or healthcare providers.

a.      Understand the risks associated with negative commentary about other providers.

b.      Understand the ADA Code of Ethics requirement.

       8.      Failure to follow up.

a.      Understand the risk management importance of following up.

b.      Understand and be able to implement a follow up protocol in your office.

       9.      Failure to refer when needed.

a.      Understand the liability that accompanies failure to refer.

       10.  Avoiding the Dental Board’s letter.

a.      Understand the power and authority of the Board.

b.      Understand the procedure of board letter management.

       11.  Failure to communicate clearly with your patient before treatment.

a.      Understand the concept of informed consent.

b.      Informed consent procedures.

c.      Understanding informed refusal.

                                          d.      Informed refusal procedures.

Accreditation

American Seminar Institute is an approved provider of ADA-CERP, AGD-PACE and the California Board of Dental Examiners.
 
 

American Seminar Institute is an ADA CERP Recognized Provider.  

ADA CERP is a service of the American Dental Association to assist Dental Professionals in identifying quality providers of continuing dental education.  ADA CERP does not approve or endorse individual courses or instructors, nor does it imply acceptance of credit hours by boards of dentistry.

(11/1/2016) to (12/31/2019)

                                                                                                           

Approved PACE Program Provider FAGD/MAGD Credit. Approval does not imply acceptance by a state or provincial board of dentistry or AGD endorsement. Provider ID: 211769 (2/1/2017) to (1/31/2021).

                                                                                                           

California Board of Dental Examiners (CBDE)

American Seminar Institute is an approved provider for the California Board of Dental Examiners, License# 2068. Credits satisfy California Dental Education Requirements, as well as most State and Dental Academy requirements.

                                                                                                           

Because each individual agency/academy/state has specific requirements, it is necessary that you consult with the appropriate agency/academy/state regarding final approval of continuing education credits.

Produced: 9/01/2016      Expires for AGD Credit: 8/31/2019

 

 

Additional Information

Additional Dental Continuing Education (CE/CPD) options available:

Other courses of interest may include:  All-Ceramic vs. Metal-Ceramic RestorationsClinical Complications with Dental ImplantsRoot Canal vs. Dental Implants, and Oral Radiology

For up-coming courses, please visit: Dental Courses Coming Soon There you will find abbreviated listings of additional courses that are soon to be released.