Defending Alaska Dentists From Dental Malpractice Liability Claims
As prominent medical professionals, dentists are at high risk for malpractice claims. It is critical for the dentist or their insurer to resolve a problem like a malpractice allegation as quickly and cost-effectively as possible. The fate of the dentist and other dental employees depends on it.
We are Clapp, Peterson, Tiemessen, Thorsness LLC, a dental malpractice defense law firm with offices in Anchorage and Fairbanks, serving clients throughout Alaska. With years of experience in arbitration and litigation, we have a proven record of success defending dental professionals of all stripes.
Defending Difficult Dental Malpractice Liability Claims
Some of the matters we handle include:
- Misdiagnosis or failure to diagnose
- Delay in treatment
- Operation in the wrong area
- Anesthesia complications
- Inadequate or incorrect dental technique
- Damage to teeth, nerves or other areas
We represent dental clinics, individual dentists and insurers in cases of many varieties. Contact us today to defend your career.
License Defense Is Crucial For Your Career
Without a dental license, your career can deflate permanently. If you run your own practice, your employees stand to lose their jobs, too. Our lawyers can help you protect your license when you run into serious issues. We have worked with the licensing boards of numerous industries, including the American Dental Association and the Alaska Board of Dental Examiners. Having successfully defended numerous clients’ licenses before these organizations, we will take every measure available to ensure that you keep your hard-won dental license.
Frequently Asked Questions
A dental malpractice claim can have a serious impact on your career moving forward, so it is normal to have questions about your legal rights and options.
What should I do after receiving notice of a malpractice claim?
If you receive notice that a dental malpractice claim has been made against you, it is important to gather documentation to begin preparing your defense. You will want to keep any medical or dental records, and you may want to consider other forms of evidence such as witness statements or video footage. You also want to keep a careful record of all communication between you and the other party, whether that is done through phone calls, text messages or email messages. You may need to communicate with the licensing board to determine the status of the investigation.
Can you be held liable for the actions of others at the practice such as dental assistants or hygienists?
Yes. Under the doctrine of vicarious liability, a dentist could still be responsible for certain actions taken by their employees. This is especially true if the dentist was negligent in some way, and it underscores the importance of proper training, supervision and the appropriate delegation of tasks. If a dental hygienist is not properly trained or is given tasks that fall outside the usual scope of their duties and then they make a mistake, the dentist could also be liable for that error.
What is the role of expert testimony in dental malpractice cases?
Expert testimony is often used when a dentist is accused of violating the accepted standards of care. A negative outcome on its own does not signify that malpractice occurred. The dentist has to have acted negligently, failing to provide the level of care that the patient expected to receive. An expert witness can testify regarding what this care looks like in the dental industry so that it can be compared to the details of the case.
Can you settle a dental malpractice claim out of court, or is going to trial required?
You can often settle outside of court, perhaps by going through mediation or arbitration. This can sometimes be beneficial because settling the case quickly can help to protect your reputation and standing. On the other hand, if both sides cannot find a solution through mediation, then litigation may be required, where you go to court and present your defense. It is very important to seek legal counsel as you navigate this process and look into your legal rights and options.
Discuss Your Concerns With A Dental Malpractice Attorney In A Consultation
Speak to our team about your legal matters and learn more about hiring us to defend you. We have two convenient office locations in Anchorage and Fairbanks. To schedule your initial consultation, call our Anchorage office or our Fairbanks office at 907-479-7776, or send us an email.