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“Doctor, I Don’t Want to Sue You, Because Then You Can’t Be My Dentist:” Risk Reduction Techniques and Informed Consent for Dentists, Staff, and Risk Managers

Course Info

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Categories: Ethics, Jurisprudence, and Malpractice,Practice Management

Author(s): Chester J. Gary, DDS, JD

CE Supporter:Dental Learning

Target Audience: Dentists from novice to advanced,Dental Hygienist,Dental Assistants

AGD Credits: 1.00

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Educational Objectives

After completing this webinar, participants will be able to:
• Identify and assess risk factors in their current practices
• Reduce or prevent the incidence of patient injury or dissatisfaction though clinical and management strategies 
• Reduce or prevent the likelihood of a malpractice claim or disciplinary complaint in the event of patient injury or dissatisfaction with a professional liability risk management plan
• Build trust in the dentist-patient relationship with an effective informed consent process

Abstract

Case presentations highlight the various general dental and specialty procedures that present the greatest risk for practitioner liability. Discussions explore the anatomy of a dental malpractice case and dissect the underlying medico-legal process. Case analyses focus upon clinical and management skills necessary to reduce the incidence of patient dissatisfaction, potential injury, and subsequent legal, administrative, or ethical complaints. The presentation reviews the legal duties implied in the formation of the dentist-patient relationship. This includes the informed consent process as a primary risk management technique, competency to consent, standards of disclosure, the interrelationship between failure to obtain valid informed consent and malpractice, and documentation necessary to make good dentistry defensible. A professional liability risk management plan outlines the terms to include in a malpractice insurance policy, reporting requirements, exclusions, the resolution of patient complaints, and what to do and what not to do when sued.

Additional Information

Author Bio

Chester J. Gary, DDS, JD

BUFFALO, N.Y. – Chester J. Gary, DDS, JD, clinical assistant professor of restorative dentistry in the University at Buffalo School of Dental Medicine, received the second and third place 2020 William J. Gies Editorial Award from the American Association of Dental Editors & Journalists and the American Dental Education Association’s ADEAGies Foundation. The Gies Editorial Award honors the author of the most valuable editorial published in a dental journal or periodical. Gary earned second place for his editorial, “Ships Passing in the Night, New Wave Practice Transitions,” and third place for “Dentistry’s Contract with Society Remains Relevant,” both of which were published in the New York State Dental Journal. Gary received the accolades at the virtual 2020 American Association of Dental Editors & Journalists Annual Conference on Oct. 23. Gary, who is also an attorney at the Law Offices of Chester J. Gary, has published more than 80 editorials and papers in academic journals. He serves as an editor of the New York State Dental Journal and as a reviewer for the Journal of the American Dental Association. Gary also received a Gies Editorial Award in 2014, 2009, 2005 and 2003. He earned a Juris Doctorate and doctorate in dental surgery from UB, and a bachelor’s degree in biology from Canisius College. Gary resides in Williamsville.

Disclosures

Commercial Disclosure

This free Dental Learning presentation is made possible through the continued support of Dental Learning. Chester J. Gary, DDS, JD is a consultant and/or speaker for the following companies and/or organizations: Dental Learning, Dental Learning. Chester J. Gary, DDS, JD may receive an honorarium as compensation from the CE Supporter of this presentation and/or from Dental Learning for the time involved in preparing and delivering this online presentation.

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