Toledo Dental License Defense Attorney

As a dentist, you worked very hard to acquire your license as well as establish your successful practice. If you lose your dental license, it could destroy your career. That is why it is vital to hire a Toledo dental license defense attorney when a complaint has been filed against you with the Dental Board of Ohio.

Any member of the public could report information that shows that a law was violated to the Ohio Dental Board. If the Dental Board has informed you that you are now under investigation, the lawyers at Patituce & Associates can help you to resolve any complaints.

We will also make sure you gain a full understanding of the disciplinary process and we will defend your rights in any proceedings. Call our Toledo professional license defense attorneys at 419-737-4556 today for a free consultation.

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What Are the Most Common Complaints Against Dentists?

Investigations into your Toledo dental practice will probably feel very intimidating, as this can threaten your livelihood and your license. That is why it is vital to find an experienced Toledo dental license defense lawyer, as soon as you find out you are under investigation.

Below are some of the most common complaints that are made against dentists in Ohio.

  • Negligence
  • Alcohol or drug abuse
  • Conviction of a crime in Ohio or other states
  • Allowing an unlicensed person to practice dental procedures
  • Insufficient supervision of staff
  • Improper record keeping
  • Practicing dentistry with an expired license or no license
  • Fraudulent practice that includes issues relating to billing fraud
  • Splitting fees with an unauthorized partner

Negligence is one of the main causes of disciplinary actions and complaints against dental practices and dentists. Some examples include:

  • Failure to correctly diagnose or assess treatment options
  • Allowing unqualified or unlicensed staff to perform treatments such as X-rays or cleanings
  • Treating the wrong tooth
  • Performing an extraction without acceptable justification
  • Failing to offer less-invasive options
  • Perforating the tooth of a patient during a root canal

How Are Dental Disciplinary Investigations Conducted?

A dental disciplinary case can come about from Medicaid authorities, insurance companies, or any other source, although the majority are initiated by patients that file a complaint with the Ohio Dental Board. The board will then launch an investigation when they receive a complaint. The dentist is then usually notified (in writing) that they have initiated an inquiry.

This letter will usually request that the dentist submits the records of the patient when the case has to do with patient care. The letter may also request that the dentist schedule a date and time so that they can meet with the investigator of the case to answer questions. Licensed professionals are under obligation to produce records when an investigator requests them.

However, the dentist is not under obligation to attend such an interview with an investigator. In fact, the lawyers at Patituce & Associates suggest against it.

An investigator is looking to collect information that will support the case. This means anything that the dentist discloses during the interview could later be used against them. Speaking to an investigator before consulting with a lawyer could be dangerous, and has often resulted in many dentists unknowingly providing the investigator with evidence that damages their case.

Toledo Dental License Defense Attorney concept, image of dentist

What Type of Disciplinary Charges and Penalties Can a Dentist Face?

Once the investigation has come to a close, the board members will decide whether there is enough evidence to carry out disciplinary action against a dentist. If they feel that they do, in most cases, the dentist will be provided with the option to work out a “consent agreement” with the state of Ohio or to move forward with a hearing to decide the case.

Either of these options is best decided on under the counsel of an expert dental license defense attorney in Toledo, who can assist the dentist through these processes. Consent agreements are similar to plea agreements in criminal cases. This means that the dentist would have to admit to misconduct or negligence in exchange for less stringent disciplinary penalties.

How Can a Dental License Defense Lawyer Defend Your Case?

Similar to other professional boards, some health professionals initially assume that these boards provide protection. They do, but this protection is reserved for the claimant. This means the board will first protect the person that has laid a complaint against you.

You have every right to legal counsel at each step. Your first review notice will probably be delivered in the mail. This means that a review process has already commenced and you didn’t even know about it. As soon as you receive this letter you should contact our team of lawyers at Patituce & Associates.

Once the Ohio Dental Board had reviewed the report, they will probably contact you to request an interview. If you already have a lawyer on your side, you are not required to talk to them directly. Once you have received the notice, you must understand that the investigation is already underway.

Once the investigation is complete, the Ohio Dental Board will make a decision on 1 of 3 options.

  • No violation, which means the case will be closed.
  • Violation, which means your case will advance to the Informal Settlement phase.
  • Violation, where your case will advance to an Administrative Hearing.

What happens will depend on evidence that was discovered in the process of investigation. You will need an attorney that will take an assertive and proactive approach when it comes to the review process. Only an attorney is permitted to get involved as well as create an effective defense to protect your license.

If the case has advanced to the Informal Settlement Conference phase, the board likely believes there are violations. With the correct defense, you may be able to prove that the findings are inaccurate or incorrect.

If the case advances to an Administrative Hearing, you may be at risk of losing your license. An Administrative Hearing is better known as the “penalty phase.”

Contact Our Toledo Dental License Defense Attorneys Today

Whether you are a dental hygienist or a licensed dentist, you might be faced with a situation where you have to defend your license to keep your career. Hiring a Toledo dental license defense attorney from Patituce & Associates is your first step toward protecting your livelihood and your career.

To find out more about how we can help you, call us at 419-737-4556 or contact us online to schedule your free consultation.

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