Dental practice owners face many of the same challenges and risks as other types of businesses. Among these are legal disputes that threaten their revenue, operations, and long-term business stability. If your practice is dealing with a partner disagreement, an associate conflict, a vendor claim, or regulatory scrutiny, securing legal guidance as early as possible can make a meaningful difference in whether and how quickly you’re able to achieve a favorable resolution.
Mahan Dental Law counsels dentists on practice-related disputes, helps them pursue practical solutions when possible, and represents them in litigation when necessary. We’re here to help protect both your practice and your professional standing. Contact us today to arrange a consultation to discuss your situation and learn more about how we support you.
“Everyone that works here is truly exceptional. Their team is extraordinarily responsive, deeply knowledgeable, and always operates with a positive, supportive attitude…”
— Monique K
Pre-Litigation
When a dispute has surfaced, but before a party can file a lawsuit, arbitration claim, or administrative action, there’s still an opportunity to assess the issue and work toward a business-minded solution before the matter becomes more costly and public. This period is called the pre-litigation period. During pre-litigation, a dental practice owner may need to:
- Review partnership agreements, associate contracts, vendor agreements, insurance policies, or other records tied to the dispute
- Gather emails, billing records, employment files, patient-related documentation, and other materials that may support the practice’s position
- Evaluate legal and financial exposure, including whether the dispute could affect their operations, licensing, collections, or reputation
- Respond to demand letters, notices of breach, payer allegations, board inquiries, or threats of legal action
- Develop a strategy for resolving the matter through negotiation, mediation, or another path before formal proceedings begin
What happens during pre-litigation can have a significant influence on what happens next and in what direction the dispute proceeds. A careful pre-litigation response can help clarify the facts, preserve evidence, reduce avoidable mistakes, and place your practice in a stronger position, regardless of whether the dispute settles or moves forward.
Dispute Resolution
Parties don’t automatically have to proceed straight to litigation. In fact, it’s often in their best interest to avoid a court process that could disrupt a practice’s day-to-day operations, incur substantial expenses, and take a long time to resolve.
Dispute resolution provides a path for the parties to try to settle their conflict without litigation. Depending on the contracts involved, they may move toward dispute resolution voluntarily, or the terms may require it. The most common forms of dispute resolution include:
- Negotiation – The parties work directly toward a settlement, usually through their respective attorneys.
- Mediation – A neutral third party helps the sides discuss the dispute and explore possible terms to resolve it.
- Arbitration – A neutral decision-maker hears the case and issues a ruling, often under procedures set by contract.
Unlike pre-litigation, which focuses on investigating the dispute and preparing a response, dispute resolution focuses on reaching an outcome. It also offers a more private and flexible process than litigation.
Litigation
A dispute that can’t be resolved through earlier efforts or that requires immediate legal action to protect the practice moves into the formal process of litigation. Dental practice owners may find themselves engaged in litigation involving such parties as business partners, former associates, employees, vendors, insurers, or government entities. The need for litigation can also arise from allegations involving contracts, compensation, ownership interests, restrictive covenants, fraud, reimbursement disputes, or regulatory violations.
While every case is different, litigation typically includes several distinct stages:
- Pleadings – One party files a complaint or petition, and the other responds with an answer and any counterclaims.
- Early Motions – Either party may ask the court to dismiss claims, narrow issues, or address urgent matters at the start of the case.
- Discovery – The parties exchange documents, submit written questions, and take depositions to gather evidence.
- Pre-Trial Proceedings – The court may hold hearings, resolve evidentiary disputes, and set deadlines for trial preparation.
- Trial or Final Hearing – A judge or jury hears the evidence and decides the outcome if the case doesn’t settle first. The parties may agree to settle at any point in the process.
Litigation is the most demanding stage of a dental practice dispute because it places the matter into a formal legal forum with deadlines and procedural rules and carries such potentially significant consequences. Even when a claim has merit or a strong defense exists, the process itself can put substantial strain on a practice.
For that reason, you should approach litigation not only as a legal fight, but also as a business issue that requires careful planning. Consider whether stronger contracts, clearer policies, and closer attention to regulatory obligations may be able to help you resolve disputes – or avoid them altogether – before problems escalate.
Protecting Dental Practices Against Litigation
Many legal disputes can be traced back to avoidable risk areas within a dental practice. Mahan Dental Law can help your practice address common sources of claims early and respond appropriately when issues arise. Trust us to help put you and your practice in a stronger position. Here are some of the key areas in which dental practices face the threat of litigation and how Mahan Dental Law can help.
Dental Board Complaints
Patients who believe that their dentist has harmed them in some way or violated professional standards may file complaints with the dental board. Such complaints may be based on allegations of illegal activities, the unlicensed practice of dentistry, the use of dangerous or controlled substances, or negligence.
Once a complaint has been filed, the dental board will investigate the claim to determine if it has merit. The investigation process can be lengthy as well as a major inconvenience for the dental practice. More importantly, a dental board that determines disciplinary action is in order has the authority to:
- Impose fines
- Monitor practices
- Suspend/revoke licenses
Because of the potential consequences of a dental board complaint against your practice, it is crucial to have a strong legal defense. We have extensive experience representing dentists in administrative proceedings before dental boards and will make sure your interests are protected.
Insurance Provider Audits
Dental professionals typically sign contracts with insurance providers that require the practice to consent to an audit at any time to ensure that contractual obligations are being met. An insurance audit can be triggered for several reasons, including:
- Inconsistent billing patterns
- A high frequency of certain procedures being performed
- Potentially fraudulent activity
In any event, it is crucial to adhere to applicable regulations and maintain detailed and accurate records so that you are prepared. Ultimately, an insurance audit can lead to reimbursing insurance payouts or even prosecution by state or federal authorities. Our legal team will work closely with you to mitigate any potential audit issues and keep your practice in good standing with your insurance providers.
Employment-related disputes & Litigation
Dental practice owners must comply with federal, state, and local laws regarding employment discrimination, sexual harassment, and fair payment of wages. Our legal team regularly works with dental professionals to mitigate the potential of employment lawsuits by establishing policies and procedures, employment agreements, and employee handbooks that clarify the employment relationship.
When employment-related disputes arise, we look to alternative forms of dispute resolution (e.g. arbitration, mediation) to find solutions, but we are fully prepared to litigate if necessary. We have extensive experience representing clients before the federal Equal Employment Opportunity Commission (EEOC) and in state and federal court.
Partnership Disputes
If your practice is structured as a partnership, it is crucial to memorialize the business relationship through a well-conceived partnership agreement. At Mahan Dental Law, we help our clients avoid ambiguities that can result in disputes by designing contracts that clarify the rights, obligations, and liabilities of the parties.
We also ensure that dental practice partnership agreements include buy-sell provisions that provide for orderly business succession and an exit strategy. In the event that selling is not feasible, we advise dental practices, clinics, and other facilities on partnership dissolutions and wind downs.
Collections
Whether your staff handles billing or it is outsourced to a third-party provider, it is critically important to ensure accounts are not overdue and delinquent accounts are collected. Our firm provides collection services to dental professionals and will work to protect your cash flow and revenue.
Government Compliance
Dental practices have a responsibility to comply with a range of federal and state laws, as well as general industry regulations. Failure to do so can expose you to investigations, penalties, repayment demands, licensure issues, and related litigation. Some of the key areas in which compliance concerns can affect your practice include:
- Billing practices
- Patient privacy
- Recordkeeping
- Prescribing
- Employment obligations
For that reason, you should take a proactive approach by implementing clear policies at your practice, training your staff, maintaining accurate documentation, and promptly addressing any potential violations. Our firm advises dental professionals on compliance-related matters and helps them respond to government scrutiny in a way that protects their practices and their future.
Contact Mahan Dental Law
When a dispute threatens your dental practice, you need legal counsel that understands both the business and professional stakes involved. Mahan Dental Law advises dentists on risk management, dispute resolution, and litigation strategy tailored to the realities of practice ownership. Whether you’re responding to a claim or trying to prevent one from escalating, our team is prepared to help. Contact us today to schedule a consultation and discuss how we can support your practice.
