When dental practices become embroiled in civil litigation, each step along the way could affect the outcome of the case. Understanding the process will help you and your business know what to expect from the lawsuit. This is where a knowledgeable dental practice civil litigation attorney will prove invaluable.
Mahan Dental Law is here to represent your best interests, regardless of whether you are the plaintiff or the defendant. We can also advise you on practical ways to reduce the chances of potentially damaging litigation. Learn why so many dental practices trust our experienced legal team.
The Basics of Civil Litigation
There are several stages that parties in all civil litigation must follow, including cases involving dental practices. Some of the major steps in the process are:
Filing and service of the complaint
Filing a complaint in the appropriate court formally begins the litigation. The plaintiff (e.g. patient, employee, or business partner) will state their allegations in the complaint and demand relief, which usually consists of at least monetary damages. The plaintiff must then properly serve the complaint upon the named defendant(s).
Filing and service of the answer (and counterclaim, if applicable)
The defendant usually has 30 days after being served with the complaint to file an answer either admitting or denying the allegations. Failure to do so within the appropriate time period, or an extended time period if the court grants one, could result in a default and default judgment. The defendant may also file a counterclaim against the plaintiff, which acts as a complaint and requires the plaintiff to reply.
Discovery
Once the lawsuit begins, parties may serve discovery requests upon each other. This is the formal request and exchange of information and documents that are relevant to the allegations and defenses that the parties set forth in their pleadings (complaint, answer, counterclaim, and reply). Examples of discovery include requests for documents, interrogatories, requests for admissions, and depositions.
Negotiations and mediation
Parties to dental civil litigation can often negotiate a successful out-of-court settlement that resolves their dispute and avoids the time, hassle, and expense of a trial. One way to negotiate is mediation, a process by which a neutral third party (the mediator) facilitates discussions and settlement offers between the parties. The mediator cannot compel the parties to settle but can help them make an educated decision of whether to do so or proceed to trial.
Trial and judgment
If the parties cannot settle the lawsuit, then it will proceed to trial where a judge or jury will hear arguments and evidence and render a verdict. The plaintiff(s) and defendant(s) have the right to call witnesses to testify about factual matters regarding their claims, to cross-examine each other’s witnesses, to admit exhibits into evidence, and to make opening and closing statements. Expert witnesses can also testify as to technical matters concerning the dental practice.
There are other steps involved such as motions, hearings, pre-trial conferences, jury selection, and more. A knowledgeable trial attorney will be able to manage all aspects of your dental civil litigation case.
Rules That Govern Civil Litigation
Civil litigation is an orderly process that is subject to many complex rules from the beginning to the end of the lawsuit. Some of the rules with which your lawyer should be experienced are:
- Civil procedure: The rules of civil procedure control the form and nature of pleadings and motions, the court summons, service of documents, jurisdiction, notice, and much more.
- Discovery: A specific subset of the rules of civil procedure dictate the allowable discovery methods and how the parties are to use them.
- Evidence: Rules of evidence determine whether testimony and exhibits will be admitted into the trial record or rejected due to irrelevance, unreliability, or other problems.
- Local court rules: Many jurisdictions have their own unique local court rules that concern some of the above topics, and the parties must be mindful of them.
Minimizing Civil Litigation Risks
Although it’s impossible to guarantee that your dental practice will never be caught up in a lawsuit, there are some ways to minimize the risks it will happen and potentially limit the amount of damages for which you may be liable. These are some examples:
- Careful record-keeping: Maintaining comprehensive and accurate patient records, and keeping them organized and accessible, will help you muster the evidence you need to argue your position in the case. It will also help you be responsive to discovery requests.
- Malpractice insurance coverage: It is vital to your dental practice that you obtain and maintain sufficient malpractice insurance coverage. Make sure you understand how your policy works and what it will pay in the event of a claim.
- Premises liability insurance coverage: Litigation does not just come in the form of malpractice claims, but also in premises liability lawsuits made against your practice. For instance, a patient could slip and fall in your dentist office and sue you for their injuries. Make sure you have insurance coverage for the physical aspects of your business.
- Employee policies, procedures, and contracts: Adopting employee policies and procedures will help mitigate the risks of lawsuits concerning discrimination, harassment, and other employment law matters. You should also use well-drafted employment contracts (including partnership agreements) to protect your interests.
- Business contracts: Your dental practice is a business, and as such, you need strong contracts to manage your relationships with third parties that are essential to what you do. Examples include lease agreements and asset purchase agreements. All of your contracts should be periodically reviewed and updated to adapt to changes in your practice.
- Compliance: Dental board rules and regulations apply to both you individually and your dental practice. Compliance with these professional standards of conduct is essential to maintain your license and to avoid substantial legal penalties and disciplinary actions.
Contact Our Civil Litigation Attorneys
Our firm understands the stress of civil litigation, no matter which side of a legal dispute you are on. That’s why we work hard to advocate for the rights of our clients and seek the most advantageous outcomes to their lawsuits. If you have active or pending civil litigation affecting your dental practice, contact Mahan Dental Law today.
