Dental Board Defense Lawyer

The Role of a Dental Board Defense Lawyer

What They Do

A dental board defense lawyer safeguards your professional license and reputation when allegations surface. The attorney’s responsibilities include:

• Legal Representation: Defending you during state dental board investigations, interviews, and disciplinary hearings.
• Case Evaluation: Analyzing complaints, identifying weaknesses, and constructing a compelling defense strategy.
• Evidence Gathering: Organizing patient records, treatment notes, billing histories, and witness statements to strengthen your defense.
• Negotiation: Discussing resolution options directly with dental board attorneys to reduce penalties or dismiss complaints.
• Hearing Preparation: Coaching you thoroughly for testimony, cross-examination, and interactions with dental board members during formal proceedings.

When to Seek Their Help

Timely intervention by your attorney improves your defense significantly. Consult a lawyer:

• Upon Notification: Immediately after receiving notice from your state dental board regarding a complaint.
• Before Responding: Before submitting written statements or answering investigative questions.
• During Investigations: Anytime during ongoing investigations or after receiving additional inquiries from the board.
• Facing Disciplinary Action: As soon as the dental board proposes disciplinary measures or sanctions.

Common Allegations Leading to Dental Board Investigations

While allegations vary, certain issues regularly trigger dental board complaints.

Clinical Concerns

Clinical complaints directly relate to patient care quality and treatment practices:

• Substandard Care: Accusations of procedures or treatments falling below accepted dental standards, violating guidelines like those established under California Business and Professions Code §1680.
• Misdiagnosis: Incorrect diagnoses leading to delayed or inappropriate dental treatment.
• Treatment Errors: Performing unnecessary or incorrect procedures, potentially harming patients.

Ethical and Professional Issues

Dental board complaints frequently target a dentist's professional ethics or personal conduct:

• Patient Abuse: Allegations of inappropriate, unethical, or abusive behavior towards patients.
• Fraudulent Billing: Intentional submission of inaccurate billing claims to insurance providers or federal healthcare programs—potentially violating federal laws such as 18 U.S.C. §1347 (Healthcare Fraud).
• Substance Abuse: Practicing dentistry while impaired by alcohol, prescription medications, or illicit substances.
• Criminal Convictions: Convictions for criminal acts that indicate unprofessional conduct, impacting professional licensure eligibility under laws such as New York Education Law §6509.

The Dental Board Investigation Process

Dental board investigations unfold through defined stages, with each step potentially increasing risks to your license.

Complaint Filing

• Initiation: A complaint originates from patients, colleagues, insurance providers, or staff, alleging misconduct or negligence.
• Notification: The dental board officially informs you of the allegations and requests an initial response.

Investigation

• Information Gathering: Board investigators collect patient records, billing documents, witness interviews, and expert opinions.
• Dentist’s Response: You receive an opportunity—usually in writing—to refute allegations or clarify treatment actions.

Resolution

The investigation concludes in one of several ways:

• Dismissal: The board dismisses complaints lacking sufficient evidence.
• Settlement: Parties agree on corrective measures or stipulations without formal disciplinary sanctions.
• Formal Hearing: If unresolved, you face a formal administrative hearing to determine potential disciplinary actions.

Potential Consequences of Dental Board Actions

Dental board actions carry profound implications beyond immediate disciplinary measures.

Disciplinary Measures

Boards may implement various disciplinary actions, progressively severe, depending on allegations' seriousness:

• Reprimand: Formal notice placed in your professional record without further restrictions.
• Probation: Conditions imposed on your practice, such as mandatory training, supervision, or periodic inspections.
• Suspension: Temporary loss of licensure, halting your ability to practice dentistry.
• Revocation: Permanent removal of licensure rights, barring future dental practice.

Legal and Financial Implications

Disciplinary actions also generate secondary financial and legal challenges:

• Fines: Monetary penalties levied as part of disciplinary findings.
• Legal Costs: Expenses incurred defending against the investigation and proceedings.
• Civil Liability: Increased risk of malpractice lawsuits or civil claims emerging from disciplinary findings.

Legal Standards and Burdens of Proof

To successfully defend against allegations, familiarity with the legal standards dental boards apply is necessary.

Standard of Proof

Dental boards generally employ the "preponderance of evidence" standard, meaning they must show misconduct was more likely to have occurred than not. This lower standard—compared to "beyond a reasonable doubt" used in criminal trials—heightens your vulnerability during investigations.

Due Process Rights

Dentists facing disciplinary proceedings maintain legally protected rights under constitutional due process (14th Amendment, U.S. Constitution):

• Notice: You have a legal right to clear notification of specific allegations and evidence.
• Hearing: Boards must grant you opportunities to defend yourself, including testimony, evidence presentation, and cross-examination.
• Appeal: You may challenge unfavorable board decisions through administrative appeals or judicial review processes.

Strategies for Defense in Dental Board Proceedings

Successful defenses against dental board accusations rely on carefully prepared arguments and strategies.

Procedural Defenses

Procedural defenses focus on the investigation's adherence to legal standards:

• Challenging Evidence: Questioning admissibility, relevance, or legitimacy of evidence presented against you.
• Statute of Limitations: Arguing the complaint was filed after legally allowable periods, such as two years under certain states' dental practice acts.

Substantive Defenses

Substantive defenses directly counter the allegations:

• Standard of Care Compliance: Demonstrating your actions aligned with established professional standards (e.g., American Dental Association guidelines).
• Lack of Harm: Establishing the patient suffered no tangible harm resulting from alleged actions.
• Credibility Issues: Exposing witness biases, contradictions, or unreliable testimony undermining the board’s case.

Why Us: Wood & Delgado’s Advantage in Dental Board Defense

Wood & Delgado defends dental professionals against board investigations with unique clarity and confidence:

• Focused on Dentistry: Wood & Delgado dedicates its practice exclusively to dental professionals, offering strategic, targeted representation tailored to your specific circumstances.
• Proven Track Record: The firm's extensive history representing dentists provides deep insights into dental board procedures and strategic defense methods.
• Skilled Negotiators: Wood & Delgado proactively engages dental board investigators and attorneys, pursuing favorable outcomes, negotiated dismissals, and reduced disciplinary measures.
• Strategic Defense: Attorneys construct individualized case approaches built around procedural integrity, substantive evidence, and recognized standards of dental care.
• Clear, Direct Communication: You remain consistently informed about your case progress, legal options, and realistic outcomes, eliminating confusion or uncertainty.
• Nationwide Representation: Regardless of your practice’s geographic location, Wood & Delgado effectively represents your interests before all state dental boards nationwide.

Defend Your License—Preserve Your Legacy

Every day spent without legal representation weakens your defense and leaves your professional reputation exposed. Allegations before a dental board threaten not only your practice but also your legacy.

Don’t wait until it's too late. Defend your career and protect what you’ve built.

Call Wood & Delgado now at (800) 499-1474.