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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.

Source:

http://www.startribune.com/teen-s-death-after-oral-surgery-prompts-suspension-of-edina-dentist-s-license/369660871/

dental complaints, Texas Professional License Defense AttorneyThe Texas State Board of Dental Examiners (TSBDE) is responsible for responding to and managing complaints against dentists and their practices. Moreover, the TSBDE investigates complaints, laboratories, and additional personnel who work with a dentist. When a complaint is submitted to the TSBDE, it is assigned a classification of either Priority One or Priority Two. Priority One cases represent more serious claims like patient death, injury while in the care of a dentist, unlicensed practice, or conditions that could be considered unsanitary. Priority Two cases are less serious complaints including false advertising and administrative issues.

There are six categories for complaints, and include quality of care, sanitation, professional conduct, administrative issues, complaints against dental laboratories, and complaints against business promotions. Once a complaint has been filed, it is reviewed by the TSBDE to determine whether or not the board has jurisdiction or the authority to act.

If the Board does decide that a complaint falls within its jurisdiction, an investigation will be opened. Once an investigation has been opened, an agent of the TSBDE is assigned to gain an understanding of the circumstances surrounding the incident. The dentist who is accused of the wrongdoing is sent a copy of the complaint and is asked to send a complete copy of the patient’s records for the TSBDE to review.

The dentist does not have any choice but to send the records under state law, but he or she may provide an explanation of the circumstances if desired. Once each step is complete, a summary report is prepared for the TSBDE.

After the review takes place, the case is settled by either an informal settlement conference or a formal hearing. Most often, the issue is handled through the informal hearing where both parties explain their position to a panel of TSBDE members. If the panel agrees that there has been a violation, they will then issue a Board Order—the dentist has approximately one month to accept or reject the Order. If the dentist rejects the Board Order, then a formal hearing before a judge will result.

If a dentist decides not to comply with the final ruling of either the informal or formal hearings, he or she does have the option to file a motion for a rehearing in the district court system. This can become a protracted legal process and it can potentially go all the way to the Texas Supreme Court. Being involved in such a case may require the help of an experienced lawyer.

If you are a care provider named in a dental complaint, it is essential that you have a Texas professional license defense attorney advocating for you and protecting your rights. For more information, please contact Oscar San Miguel, Attorney at Law, to schedule your consultation today.

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