Medical Malpractice Insurance News

A difficult patient with pre-existing periodontal disease and poor oral care habits presented to a MLMIC-insured dentist. The dentist attempted a total mouth restoration, which failed. Missing portions of the patient’s chart and films made this case difficult to defend and the case was ultimately settled for more than $250,000.

MLMIC attorneys comment on a very complex case involving a MLMIC insured who treated a patient with a history of heroin dependency and poor dentition. The lawsuit was ultimately indefensible due to poor documentation, sloppy recordkeeping and numerous liability issues.

One of the most challenging times to be a dental practice owner is right after disaster strikes. Whether the emergency is related to weather, theft, cybersecurity breaches or something else, the owner must lead the office out of the crisis while mitigating the damage as much as possible. Recovering from a disaster at your dental office is possible, especially if the owner and other office leaders are familiar with emergency response protocol ahead of time. Here are eight important steps to take after disaster strikes your dental office.

A longtime patient of a MLMIC-insured dentist underwent extensive dental work over a period of seven years. The patient filed a lawsuit shortly after the work was completed, alleging a negligent full-mouth restoration resulting in bone loss, extractions, and the need for re-treatment. The dentist being sued reported to MLMIC that he was unable to produce much of the patient’s record as there had been multiple floods in the building that affected his office dental records.

It is challenging to handle dental record protocol in the event that paper or electronic records have been damaged or destroyed by floods, other types of storms or by a ransomware attack. When dental records have been damaged or lost by accident, natural disaster or criminal computer compromise, prompt and appropriate action must be taken to mitigate the damage and/or loss. Immediate remedial measures must be undertaken for the benefit of patients as well as the dentist and the practice, as these losses may involve records from many years of treatment.

If you’re a dentist called to a small claims court, resist the urge to handle the case yourself. In this blog, read two case studies from small claims trials against dentists who were represented by MLMIC and won their cases.

The number of dental professional liability cases filed in New York’s small claims courts has significantly increased over the previous 10 years. In this blog, attorneys at Fager Amsler Keller and Schoppmann, LLP, describe what to do if a claim is filed against you and what to expect on your day in dental small claims court.

As the lead-in to the MSSNY 2021 House of Delegates, MLMIC and MSSNY are proud to present CME Day on Friday, September 17, via Zoom webinar. The series of continuing medical education presentations, originally scheduled to be hosted in-person, will commence online at 9 a.m. with three MLMIC presentations.

The single most important factor in successfully defending a lawsuit or protecting a dentist from liability is good recordkeeping by the dentist. Legal concerns aside, good dental records also improve the quality and consistency of patient care.

Dentists could potentially find themselves facing liability claims from patients who allege they contracted COVID-19 while receiving treatment at a dentist’s office, but whether that lawsuit will be successful is another question.