Are you ready for a lawsuit?
Dentistry is one of the most litigated professions.
It's true...
The reality for most dentists is that they can expect to be named in two or more lawsuits during their career with most involving negligence claims related to the delivery and management of patient care.
Documentation issues account for nearly 1/3 of all dental negligence claims paid.
Today, more dental practices use digital technology to document and deliver patient care than ever before - and the "electronic dental record" has virtually replaced traditional paper and film as the preferred documentation choice.
Did you know that when defending a negligence claim, every dentist is required to provide copies of the patient's dental records, which are given to the patient’s attorneys, who then examine the records to look for any inaccurate, incomplete, or false entries that can be contested in court or used to argue for the negligence claim?
In every case, the electronic dental records are questioned.
In many cases, the electronic records are contested.
In the worst case, a dentist has been unable to defend against the claim because data was missing, unintentionally altered or otherwise rendered unavailable.
Accordingly, dentists who can "digitally demonstrate" their electronic dental records to be a complete, accurate and faithful representation of the true state of affairs, will likely have a more favorable outcome in a legal challenge.
Documentation Issues in Negligence Claims.
Did you know that a lack of effective documentation was cited in 32% of dental malpractice claims, and that omissions, gaps, and timing issues were the primary causes?
Many of these documentation issues could have been avoided.
So, before a legal challenge comes knocking on the door, every dentist should have established written procedures regarding how their electronic dental records are managed and stored. (i.e.: conduct an audit of the current documentation procedures and develop/implement a remediation plan)
Don't have time? Then do this.From my experience, here is the first step every digital dentist should take.
Be sure to lock (digitally sign) your electronic clinical notes in a consistent and timely manner. (i.e.: on the same day or within 48 hours)
An unsigned or an unlocked clinical note is an open-door for plaintiff arguments in a malpractice claim - a wide open door that is sometimes impossible to close.
By electronically signing (thus locking) your clinical notes, you are attesting to the authenticity and accuracy of the transcript and that the notes were NOT modified or altered since they were first entered.
What does MedPro recommend?Med-Pro (a major underwriter of dental malpractice insurance) has an excellent "documentation checklist" for dentists and dental specialists that you can download using the link below.
https://www.medpro.com/documents/10502/2899801/Checklist_Documentation+Essentials.pdfDigital Forensics can find treasure troves of data on a Dental Computer.
In my practice, I use various digital forensic techniques to examine the data and metadata created by various dental and adjunct software programs that dentists use each day.
In cases of embezzlement or unethical business conduct, digital forensics is used to examine financial and transactional data to uncover evidence and identify the person responsible.
In legal challenges, digital forensics is used to examine the data and metadata surrounding clinical records, radiographic images, system logs and other data sources to provide a compelling trail of evidence to help attorneys reconstruct events, verify the accuracy of claims, and substantiate or deny witness accounts.
How can I help you?
Click Here to book a consult onlineRegards,
William Hiltz BSc MBA CET
CEO - Hiltz and Associates
Curator- Dental FraudBusters
