A dental malpractice lawsuit can result in substantial monetary damages, a severely jeopardized reputation, and ultimately financial problems for your practice. No matter how careful you and your dental professionals are with a patient, there is always the looming threat of litigation. Many dentists and dental practices find themselves bewildered upon receiving court papers from the dissatisfied patient, and may not know which steps they should take next.
Fortunately, if you find yourself in this situation, you do not have to go it alone. Retaining an experienced dental attorney can help protect your legal rights and financial interests. Here, Mahan Dental Law offers practical steps you should take as soon as you find out that you are being sued.
Step 1: Get a Copy of Your Malpractice Insurance Policy
Once you receive word that you have been sued, it is important that you obtain a copy of your dental malpractice insurance policy. The policy will contain vital information about the coverage and what you can expect from the process. It will also include details about contacting your insurance carrier to report the claim, although you should speak with a lawyer first before doing so.
Step 2: Retain Experienced Kentucky Legal Counsel
Step 1 naturally leads to Step 2: Speak with and hire a dedicated dental malpractice defense attorney. By retaining our firm early, we can communicate on your behalf to your malpractice insurance provider and begin helping you build a defense. Let us handle all communications with your insurance company, with the unhappy patient, and with their lawyer.
We will also handle all other aspects of your case, including but not limited to:
- Investigation: Our firm will review the allegations made against you and conduct an investigation to acquire evidence and find out the truth.
- Court filings: We make sure to prepare and file all pleadings, motions, and other court documents pertaining to your lawsuit.
- Service and civil procedure matters: In addition, we make sure everything is properly served on the plaintiff and we enforce the rules of civil procedure (which govern the various stages of the lawsuit).
- Discovery: This is the formal request and exchange of information and documents relevant to the lawsuit.
- Negotiations and mediation: We can help you mediate and negotiate your case to try to reach an out-of-court resolution.
Step 3: Start Gathering Records
You need to begin gathering and preserving vital patient and other records, but let your attorney guide you in the proper way to do so. These include the patient’s dental records from your office, along with any that were sent over to you from another practice in the event of a referral. Also get copies of:
- Phone records demonstrating calls between your office and the patient
- Emails and other written correspondence, including from the patient’s attorney
- Invoices, billing statements, and anything else pertaining to the patient’s payments for services
- Any online comments, reviews, social media posts, and the like that you know about
- Any personal notes that you have made regarding the case
Again, we strongly advise that you work with a Kentucky licensed attorney on this step, especially as it pertains to the patient’s records. Improper access of electronic documents may invite accusations of tampering. Our firm can help you manage this step properly.
Step 4: Do Not Discuss the Lawsuit With Anyone
We strongly suggest that you do not discuss the case with anyone, especially the patient or the lawyer. If either of these individuals contact you, refer them to your attorney and cease further communications. You should also avoid speaking with your family or friends about the litigation, and under no circumstances should you post about it on social media or elsewhere.
You may find that the patient left you a negative review online. Although it may be tempting to respond to this, you should ignore it unless and until your attorney provides further instruction. However, you should make a copy of the review and give it to your lawyer.
Representing Your Kentucky Dental Practice Each Step of the Way
Dental malpractice lawsuits are stressful, but our team is ready to go to work for you and defend your practice. Find out more about how we can represent you. Contact us today to get started.
