Are You Prepared
for a State Board Complaint?
rules and regulations
by Kyle Wallace, CIC
“So, Kyle, I got a call from a patient and
they’re upset that their root canal failed and
they want me to pay for an implant and
restoration. They’ve threatened a State Board
complaint. What do I do?”
You can substitute root canal with dozens of other circumstances
and you can also insert an element of emotion, primarily fear and
anger, but in general this is a question I get asked weekly, sometimes even more than once a week. It’s a good question and needs
to be considered carefully. It could also be the very best motivation I can think of to have your patient records complete and in
order. We’ll talk more about that later.
You’ve sat through countless risk management courses and
you’ve certainly been told that
orderly records are key to
the defense of a
malpractice lawsuit. It’s a valid
point, but in reality
the majority of the
disagreements you
might have with a
patient won’t generate enough damages
(dollars) to war-
rant the involvement of a plaintiff attorney. If a case won’t generate at least $40,000 in total damages there is little chance of a
patient finding an attorney to represent them. If the case appears
small, a plaintiff attorney will often refer a would-be client to the
State Board to appear helpful and avoid having to send them
away empty handed.
So, when the patient can’t sue you and you are not willing to give
them what they want, the result is often a State Board complaint.
Pretty much every dentist I know is willing to bend over backwards to make their patients happy, so when this issue arises, it
almost always has to do with an unreasonable expectation on the
part of the patient. Malicious or not, it pretty much becomes a
shake-down.
It’s all about the record
When a client asks me some version of the question I began this
article with, the conversation turns pretty quickly to the patient
record. Honestly, the record is the key. If your record is poor, it
doesn’t matter that much if you’re 100% right and your patient is
100% wrong. I know that might not sound fair but it is the reality.
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22 NORTH TEXAS DENTISTRY | www.northtexasdentistry.com