June 28, 2022

Case Study: The Legal Pitfalls of Dental Patient Noncompliance

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.

May 2, 2022

Case Study and Legal Analysis: Adverse Treatment Leads to Settlement

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.

January 10, 2022

Case Study: Flood-Damaged Dental Records Force Dentist to Settle

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.

September 20, 2021

Dental Small Claims: What to Expect on Your Day in Court

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.

July 6, 2021

Case Study: Good Documentation Leads to a Verdict for the Dentist

An adult patient with poor oral hygiene routinely visited a MLMIC-insured dentist for years. The poor home care led to extensive periodontal treatment, and the patient filed a lawsuit against the insured which eventually went to trial. Comprehensive documentation on the insured’s part played a pivotal part in the defense. Find out what happened in this case study, complete with a legal perspective from Fager, Amsler, Keller & Schoppmann attorneys.

June 21, 2021

Case Study: Poor Patient Relations and Prolonged Treatment Result in Large Settlement

An adult patient went to a MLMIC-insured orthodontist requesting treatment to make his teeth perfect. Seven years later, the patient filed a lawsuit claiming that the orthodontist’s treatment was careless, reckless and contraindicated. What went wrong? Find out in this case study, complete with a legal and risk management perspective from a Fager, Amsler, Keller & Schoppmann attorney.