In many states, a complaint to the dental board can lead to disciplinary proceedings against a dentist. When a dental board substantiates allegations of misconduct by a dentist following a hearing, the board can impose significant professional consequences, such as reprimands, fines, restrictions on a dentist’s ability to practice, or license suspensions or revocations.
Because a dental board complaint can jeopardize your business or career, you need to take allegations filed against you seriously. Don’t wait to obtain the legal support you need to protect your interests during a board investigation or disciplinary proceedings. Contact Mahan Law for a free evaluation with our dental lawyers to learn more about your options for pursuing a positive outcome to a dental board complaint.
What Are Dental Board Complaints?
A dental board complaint alleges that a dentist has violated state professional rules governing the practice of dentistry, harmed a patient through malpractice, or engaged in some other form of misconduct, like sexual assault. Various individuals or groups might file a dental board complaint, including:
- Patients
- Practice staff
- Fellow dental practitioners
- Insurance companies
- Other state dental boards
- Law enforcement agencies or prosecutors
Some state boards also accept anonymous complaints.
A complaint typically authorizes the state dental board to investigate the allegations. An investigation may uncover sufficient evidence to trigger formal disciplinary proceedings against the accused dentist.
Common Reasons for Dental Board Complaints
Dental board complaints may allege various types of professional misconduct by a licensed dentist. Some of the most common grounds for complaints include:
- Substandard or Negligent Care – Patients may file complaints with the dental board after receiving dental care that caused injuries or health complications, when they believe their harm resulted from a dentist’s malpractice. Examples of negligent care may include misdiagnosis, improper treatment, or errors during procedures or surgery.
- Patient Communication Issues – A patient may lodge a complaint against a dentist for significant lapses in communication, such as a dentist’s alleged failure to obtain informed consent, inadequate explanation of treatment expectations, or poor documentation.
- Billing or Insurance Disputes – Patients or insurance companies may report a dentist to the state board for billing issues, such as double-charging or hidden fees, or for insurance claims issues, such as submitting claims for services not rendered or engaging in unbundling or upcoding.
- Recordkeeping Issues – Dentists can face disciplinary proceedings before the state dental board for failing to keep adequate patient records, falsifying records, or committing HIPAA violations.
- Violations of Professional Rules – Dental board complaints may allege that a dentist violated the state’s professional rules due to conduct such as harassment, creating a hostile work environment, or engaging in unfair business practices.
- Misconduct or Criminal Activity – Complaints may also arise from a dentist’s misconduct or criminal activity, such as assaulting patients or staff, prescription drug fraud, or insurance fraud.
The Basics of a Dental Board Complaint
The specifics of the process that occurs when a state dental board receives a complaint against a dentist vary from state to state. However, state disciplinary proceedings tend to follow a similar basic process.
First, proceedings begin when a party files a complaint against a dentist or when the board learns of information indicating that a dentist may have committed misconduct. After the filing of a complaint, the board usually will conduct a preliminary investigation of the allegations, which may include reviewing patient or billing records, interviewing witnesses, and requesting an interview or written response from the dentist.
When the investigation uncovers evidence of a professional violation, the board may initiate a formal disciplinary proceeding against the dentist, which could include an expert review of treatment decisions or an administrative hearing to review the evidence, hear witness testimony, and allow the dentist to present a defense to the complaint. After a hearing, the board may either dismiss the complaint if the evidence does not support a finding of a violation, or impose sanctions on the dentist if the board concludes that the dentist committed misconduct.
Outcomes of a Dental Board Complaint
A state dental board may resolve a complaint in one of several ways:
- Dismissing or closing the complaint with no further action, typically when the board’s investigation or the disciplinary hearing found insufficient evidence to substantiate the complaint’s allegations
- Issuance of a reprimand or warning letter, which may become a part of the dentist’s state board file
- Mandatory continuing education for topics like state professional rules or proper billing practices
- Probation, under which a dentist can face harsher penalties for new violations during the probation period
- Monitoring, which requires a dentist to keep extremely detailed practice records or to provide treatment under the supervision of another dentist
- Temporary or indefinite license suspension, which may require the dentist to petition the board for reinstatement
- Permanent license revocation
Steps for Dentists to Take After Receiving a Board Complaint
Once a dentist learns of a state board complaint against them, they can put themselves in the best position to respond to the complaint’s allegations and to pursue the best possible outcome under the circumstances of the case by:
- Reading the complaint carefully to understand the allegations
- Refraining from contacting the complainant(s) or other parties involved in the matter, such as patients
- Notifying your malpractice insurance provider
- Preserving all relevant documents, such as patient or billing records
- Consulting an experienced dental lawyer before taking further steps or providing a formal response to the board
How a Dental Attorney Can Help You Face a Board Complaint
When you face a dental board complaint, an attorney from Mahan Law can help you defend your reputation and protect your career and business by:
- Reviewing the complaint to identify the legal issues you face
- Investigating allegations to gather evidence that can support your defense
- Communicating with board representatives and preparing you for interviews, if appropriate
- Identifying potential arguments you may have against disciplinary charges
- Negotiating favorable resolutions or presenting your defense at disciplinary hearings
Contact a Dental Attorney Today for Dedicated Guidance and Support
Have you received notice from your state dental board about a complaint filed against you? If so, you need dedicated legal advocacy to protect your professional reputation and career prospects from the consequences of potential disciplinary action. Contact Mahan Law today for a free, no-obligation consultation with our dental law firm to discuss the details of your dental board complaint and learn how we will fight to help you seek a favorable resolution to the board proceedings.
