Dentist Accused of Negligent Care of a Child – Case Dismissed

Our office recently represented a dentist who was facing license discipline following a negative outcome during a dental procedure. The Board alleged that the medication provided was inappropriate based upon the child’s age and weight, and filed an Accusation requesting to revoke our Client’s Dental License. As an experienced medical professional, our Client recognized that his dosage fell within the recommended dosage. 

After retaining an expert, our office educated the Board’s attorney as to the Board’s experts’ misinterpretation of the standard of care, and medication administration guidelines. With the aid of a report from our dental expert, our office was able to convince the Board that their expert was incorrect, and the Accusation lacked merit. The Board withdrew the Accusation and the case against our Client was dismissed. 

When reviewing standard of care cases, it is of paramount importance to always review the Board’s expert report, and question the legitimacy of their opinion as well as the quality of their expertise. Although Experts for the Board are tasked with reviewing the file and opining as to whether or not the licensee has deviated from the standard of care – many experts incorrectly believe their role is to confirm that there was a deviation from the standard of care. 

In the matter at hand, the Board’s expert confirmed that the parents’ original complaint was correct, and opined that the volume of medication administered was improper. However, when their opinion and work was reviewed, it was clear that the Board’s expert’s math was incorrect, leading to the dismissal of the case against our Client. 

If you have recently received an Accusation for a deviation from the standard of care, you should contact an experienced professional license defense attorney as soon as possible, to help navigate you through the process and explore all potential defenses and strategies, while still available. 

** This information is a sample of past results.  Information provided on this website does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Every case is different, and each case must be evaluated on its own merits. The circumstances of your case may differ from the results provided above. Legal Advertisement. **