National Healthcare Defense Lawyers for Dentists & Dental Hygienists

From Business and Licensing Matters to Compliance and Malpractice Defense, Your Dental Practice is in Strong Hands: Ours

Chapman Law Group’s dental defense attorneys have been representing dentists, dental hygienists, dental labs, and dental radiographers for 35 years throughout Michigan, Florida, and the United States. The highly regulated health care industry has a vast amount of laws and regulations that can impact health care providers and their businesses. Our attorneys have immersed themselves in specific areas of health care law and who have developed a deep understanding of the nuisances, depth and breadth of the profession. We can handle the most complex health care law matters, including:
    • Disciplinary actions: Suspensions, revocations, restrictions, administrative complaints, Board of Dentistry and Administrative Law Judge (ALJ) hearings, investigations, appeals, modifications
    • Licensing: Denials, renewals issues, difficulty obtaining a license, reporting convictions, etc.
    • Criminal actions: Fraud, diversion, DUI, drug trafficking, unlawful prescribing, unlicensed practice of medicine, assault
    • Health care fraud and abuse: Medicare and Medicaid fraud, false claims, kickback, self-referral, and all other civil and criminal health care fraud allegations
    • Compliance: State regulations, fraud and abuse laws, CMS regulations, billing guidelines, DEA compliance, Anti-Kickback Statute and Stark Law, HIPAA compliancecompliance program developmentMedicare exclusion
    • Business matters: Dental business formation and acquisition, practice buy-in and buy-outs, purchase and sales agreements, adding ancillary services, kickback and Stark compliance review, medical director agreements, employment contracts, clinic and lab permitting licensing, accreditation, CMS and Medicaid participation, business and contract disputes, regulatory compliance, reimbursement issues, business/employment disputes
    • Health care audits: Medicare, Medicaid, third party, state, DEA
    • Payment matters: Reimbursement issues, overpayment issues, audits, administrative actions, criminal actions, disclosure, compliance plans
    • NPDB Issues
    • Credentialing & Privileging: Credentialing denials and revocations, staff privileges denial and revocation, OIG/CMS exclusion
    • Employment: Medical director agreements, physician contracts, locum agreements, NP collaboration agreements, staff contracts, employment disputes, termination issues, non-compete agreements, credentialing, harassment claims, disciplinary action, retaliation, residency program issues, contract disputes
    • DEA: Applications, renewal issues, show cause orders, DEA inspections, DEA Registration issues, enforcement actions, inspections
    • Professional liability: Dental malpractice, civil and criminal negligence
    • Policy and procedure: Daily operations, hiring, background screening, record keeping, adverse incident reporting

Dental Licensure and Disciplinary Action

The disciplinary process is generally initiated because of a patient complaint made to the state. Every year, the Florida Department of Health (DOH) and Michigan Department of Licensing and Regulatory Affairs (LARA) receive hundreds of patient complaints against dentists, and will conduct investigations. In approximately one-third of the complaints, the respective department will find sufficient case to move forward with formal disciplinary action.

Unfortunately, many dentists do not retain legal counsel to assist during disciplinary proceedings. This often results in a fine ($1,000 to $5,000), costs ($3,000 to $4,000), and a mark on the dentist’s license. Any negative disciplinary action against a dentist’s license can have a long-term effect on employment, credentialing, other licenses, and reputation.

Therefore, dentists should fight to avoid sanctions against their license. Often, our dental lawyers can resolve disciplinary action for similar cost and blemishes on the dentist;s record.

Dentists may be subject to discipline for:

    • Incompetence and negligence
    • Impairment
    • Disciplinary action in another state
    • A criminal conviction of crime related to practice, fraud, or controlled substances
    • Improper prescribing (self-prescribing, prescribing other than in the course of the professional practice, or  prescribing a Schedule II or sypathomimetic drugs)
    • Failing to report convictions
    • Unlicensed practice of dentistry
    • Improper delegation of professional responsibilities
    • Sexual misconduct
    • Record keeping violations (patient and controlled substance records)
    • Advertising violations
    • Fraud
    • Clinic violations (cleanliness and radiation safeguards)
    • Being found guilty of dental malpractice
    • Testing positive for drugs on a pre-employment or employer-ordered drug screening

Our licensure lawyers are exceptionally experienced in helping licensed providers obtain and maintain their licenses. We regularly represent dentists and hygienists during investigations, administrative complaints, suspensions, licensure denials, and other matters before the Board of Dentistry and administrative law courts. Our dental lawyers assist with DEA registration matters and dental practice and lab permits and licenses.

Dental Malpractice Defense

Dental malpractice claims generally allege:

    • Preventable infection
    • Negligent extractions
    • Nerve damage
    • Anesthesia complications
    • Failure to diagnose periodontal disease
    • Failed implants, bridge and crowns

No matter what the nature of the allegations, being accused of malpractice is understandably upsetting. If nor properly handled, it could lead to hundreds of thousands of dollars in damages and disciplinary action.

For 35 years, we have been defending health professionals accused of malpractice. Many of our lawyers have over 10 years of experience defending malpractice allegations and can handle the most complex malpractice actions. Our lawyers are sensitive to the cost of litigation and work to reduce costs whenever possible. We represent both insured and self-insured dentists.

In addition, Chapman Law Group has a team of transactional lawyers who are dedicated to helping practices with business, employment, licensing, and compliance matters. Our lawyers assist with practice formation and acquisition, practice sales, purchase agreements, lease agreements, partnership agreements, employment contracts, and other business matters. Our lawyers also represent dentists and their practice during employment and business disputes, as well as assisting with state permitting and licensing issues, credentialing issues, and billing and payment matters.

Our transactional attorneys assist a wide variety of practices, from surgical centers and home health care businesses to chiropractic and dental clinics. We are dedicated to helping solo practitioners, partnerships, and corporations build successful businesses and reduce the risk of liability and legal action.

Criminal Defense for Dentists

Our Criminal Defense attorneys are dedicated to representing doctors, including dentists, with criminal matters that threaten their license or freedom. Crimes that are most likely to impact licensure include drug crimes, sex crimes, assault, fraud, crimes related to substance abuse, and any crime related to practice.

Our criminal defense attorneys are unique in that they only represent health care providers. They are exceptionally knowledgeable in criminal law and health care law, and they understand the many collateral consequences that can follow a criminal conviction. Our lawyers for dentists fight aggressively to help dentists defend criminal action that threatens their license, career, and freedom.

Botox and Board Complaints

Several of the cases we have handled for dentists concerned their engaging in cosmetic Botox, and the resultant board complaints alleging that these dentists practiced outside of their license. This can be a complicated matter, as every state is somewhat different in its analysis. But before a general dentist engages in cosmetic procedures, they need a clear, written opinion from a healthcare attorney who can review the laws of their state.

A major part of our healthcare lawyers’ responsibilities is doing extensive research to make sure any legal argument we put forth is sound. This is where we excel and succeed for our clients. We have written opinions outlining specific conditions under which general dentists can, in fact, perform certain Botox procedures — in contrast to national literature claiming these dentists cannot. And we advocate for states like Michigan to recognize advances in Botox and how general dentists should not be denied offering these procedures to patients who would benefit from them.

Our Dental Lawyers in Serve Florida, Michigan, and Nationally for Federal Cases

We serve dentists and dental practices across Michigan (including Detroit, Dearborn, Troy, Ann Arbor and Grand Rapids), Florida (Miami, Jacksonville, Tampa, Orlando and West Palm Beach), and nationally in regions including Los Angeles and Southern CaliforniaChicago, Pittsburgh, and Washington, D.C.

Contact us today and find out how we can put our experience to work for you.

 

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