Tag Archives: Texas dental license defense attorney

Texas dental license defense lawyerDentists often employee licensed professionals to help them with their practice, but what happens when you do not practice due diligence and hire one who has a license that is expired, suspended, revoked, or stolen? In many cases, it can result in an investigation against you and your practice. Learn how to protect yourself from this situation, and discover what an experienced dental license defense lawyer can do to help if you are currently under an investigation with the Texas Board of Dentistry.

Licensing Issue More Common Than Most Dentists Realize

As an employer, you might assume that your prospective and current employees are doing their part to maintain current and valid licensing. Sadly, this is not always the case. Sometimes, the issue is a mere oversight – perhaps the employee moved and did not receive notice that their license was about to expire – but in most instances, the lack of valid licensing is intentional. Some will fail to inform you of an investigation that has taken place. Others will tell you that their license is valid, even though it has been revoked or suspended. In even more concerning instances, an individual may steal the credentials of another licensed professional.

Do not think that your practice is immune. Such issues are far more common than most dentists realize, and they can endanger your practice. Thankfully, you can mitigate such issues by taking a proactive approach to ensuring your employees have valid and current licenses.

Doing Your Due Diligence to Ensure Valid Licensing

If your practice is busy and booming, checking the validity of a potential or current employee’s license may seem like yet another task to perform – one that you probably feel as though you cannot manage. However, doing so can go a long way in preventing licensing issues within your dental practice – and you do not have to check licensing by yourself.

Some practitioners hire a non-licensed office assistant to handle paperwork, bookings, and administrative duties. One of those duties could be to periodically check the licensing status of all current employees and to ensure that potential new hires have the required licensing in place. Another strategy you could use is to run licensing checks on all new hires, and then perform an inquiry on any current employees whenever you conduct their employee evaluations.

When an Employee Places Your Practice at Risk

Even with due diligence, a licensing issue with an employee may occur. If that issue then results in an investigation, it is critical that you seek qualified legal assistance. Backed by nearly 30 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, can aggressively represent you in your investigation. No matter what the situation, our seasoned Texas dental license defense lawyer will pursue the most favorable outcome. Start by scheduling a free initial consultation. Call 512-228-7946 today.


Texas dental license defense attorneyDental procedures often require the use of anesthesia, but not just anyone can administer medication or monitor a patient under sedation. Instead, special certification is required. Failure to ensure this certification is in place can result in serious consequences for the overseeing dentist. Sadly, for one Minnesota dentist, this lesson was learned the hard way. Learn more about the risks of uncertified dental assistants and discover how to protect your dental license if you or your practice ever become the subject of an investigation.

Worst-Case Scenario Highlights the Reason for Certification

The Minnesota dentist, now currently facing disciplinary action from his state’s dental board, had come under investigation after a teen patient died in his care. She had been there to have her wisdom teeth removed and was, as most patients are, sedated for the procedure. At first, everything appeared to be fine, but toward the end of the procedure, the patient started convulsing with seizures. She then went into cardiac arrest. Paramedics came and transported her to the hospital but they were unable to save her life.

After an investigation and an autopsy, it was revealed that the teen had a slight abnormality in her heart; there was also evidence of a viral infection in her brain. Though no one can say for certain if these contributed to her death, it is possible that they were a factor. Still, the dentist has not been let off the hook; instead, he is expected to face disciplinary action for allowing his staff to work outside their scope of practice. The agreement between the dentist and the dental board has not been disclosed to the public, but the public nature of this mistake could damage his reputation, in and of itself. Do not let this happen to you or your practice. Instead, learn from this dentist’s mistakes.

Learning from the Mistakes of Others

Although news sources did not disclose the reason for lack of certification among the dentist’s staff, there are many possible circumstances. Perhaps the dentist was not aware that certification was required for the monitoring of sedated patients. Alternatively, the assistant may have had certification at the time of hire but allowed it to lapse, and the dentist was unaware. In either scenario, due diligence could have prevented the oversight, and perhaps even the disciplinary action taken against the dentist.

Under Investigation? Contact Our Texas Dental License Defense Attorney

If you or your practice are under investigation, contact Oscar San Miguel, Attorney at Law for assistance. Dedicated and experienced, our Texas dental license defense attorney can protect your rights during the investigation process and will work aggressively to mitigate any potential consequences. Schedule your personalized consultation to get started. Call 512-228-7946.


Texas dental license defense lawyerDental procedures, such as tooth extractions, dental fillings, and root canals are often necessary to preserve oral health. Unfortunately, these same procedures can carry risks for patients. Dry socket, post-procedure infections, and even death are all possibilities. Some are rarer than others, but all can pose a risk to your practice and your dental licensing status. Learn more with help from the following information.

When Common Risk Leads to an Investigation

While one might expect that patients understand the importance of proper dental hygiene, especially after a procedure, some struggle to follow the guidelines you set. Such patients could potentially file a complaint, despite their shortcomings, which may place your practice at risk for an investigation. Alternatively, if you or a member of your staff failed to inform a patient of their potential risks, or provide them with aftercare instructions, you may be subject to investigation by the Texas State Board of Dental Examiners (TSBDE).

Unsanitary Practices and the Investigation

Unsanitary practices, carried out by either yourself or your staff, can include anything from improper handwashing to multi uses of single use items. All these practices can increase a patient’s risk of infection; they can also increase the potential for a suspension of your dental license, should you experience an investigation from the TSBDE. For this reason, it is crucial that you monitor staff, conduct regular training, and hold each member of your employees accountable.

How Infections Can Result in the Suspension of Your Dental License

Whatever the reason for investigators arriving at your office – be it due to noncompliance among patients, failure to provide post-procedure instruction, or unsanitary practices – it is crucial you understand the power, purpose, and reach of the TSBDE. Not only can they request information and records, and even attempt to watch over and examine your practice, they can assign disciplinary action for any infractions that they believe pose a risk to the public.

For example, an employee who fails to wash their hands properly in the presence of an investigator could your entire practice could be placed at risk. Your license could also be at risk for suspension or revocation. This action against your license would bar you from practicing dentistry until it is lifted or reinstated.

Protecting Your Dental License During an Investigation

Never assume that the TSBDE is on your side, and do not feel as if you must face the investigation alone. Instead, contact Oscar San Miguel, Attorney at Law, and gain the representation you deserve. Dedicated and experienced, our Texas dental license defense lawyer can protect your rights. We take aggressive and immediate action to protect your dental license. Schedule a free consultation by calling 512-228-7946 today.


Texas dental license defense lawyerDentists practicing within the state of Texas are required to obtain and maintain a valid license. Approval of this licensure is overseen by the Texas Board of Dental Examiners (TBDE). The TBDE is also responsible for disciplining dentists who fail to meet regulatory standards, practices, and/or requirements. One action that could be considered a violation is the completion of an unnecessary dental procedure. Learn more about what might lead to an allegation of this infraction, and how you can protect your dental license throughout the investigation process.

Cosmetic versus Unnecessary

While some dental procedures are, in fact, necessary, others may not be. This does not necessarily make them worthy of an investigation. Take teeth whitening, for example. Though it is considered a cosmetic procedure, it is not one that would typically lead to an investigation or disciplinary action from the TBDE. Yet there are other unnecessary procedures that would not be considered cosmetic. Such procedures could lead to allegations of wrongful practice.

Dentist Faces Investigation After Death of a Patient

The investigation of a Texas dentist, which took place last year, illustrates the potential consequences of unnecessary procedures. One of his patients died after receiving a cavity-filling procedure. The medical examiner ruled out the procedure itself as a cause of death, but began raising questions as to why the procedure was done in the first place since neither the autopsy or the dentist’s own records gave any indication that the child suffered from dental disease. The dentist faced even further scrutiny once it was determined that the toddler died from anesthesia complications. His license was ultimately suspended.

Protecting Your Dental License in the Face of an Investigation

Even if you take all necessary precautions to avoid claims against your practice, the reality is that any provider can experience allegations of misconduct. As such, it is important that you know how to protect your license throughout the process. The first and possibly most critical step is to ensure you contact an experienced license defense attorney, the moment you learn of an investigation. Further, you should not speak to the investigators, regardless of what they say, until you have consulted your attorney.

Oscar San Miguel, Attorney at Law, can help guide you through the investigation process and ensure that your rights are protected, every step of the way. Aggressive and knowledgeable, our Texas dental license defense lawyer has more than 20 years of experience. Schedule your free initial consultation to learn more. Call 512-228-7946 today.



Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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