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When a Dental License Investigation Results in a Dental Malpractice Complaint

February 3, 2019 by South Carolina Professional Licensing Attorney

South Carolina Dental License Defense Attorneys

The South Carolina Board of Dentistry regulates the conduct of dentists and licensed dental assistants in the State of South Carolina. If a complaint has been initated against your South Carolina dental license and the complaint involves an allegation of substantard patient care or unnecessary treatment, defending the LLR dental board complaint may be the first part of the process.  A patient who complains to the dental board may also file a dental malpractice claim. 

Defending a South Carolina Dental License Complaint

Defending a dental license complaint begins at the investigative stage. If we are retained early enough, our attorneys will prepare a written statement on your behalf and provide assistance with responding to the LLR subpoena. Although the assigned dental board investigator may ask a few simple questions, we believe that a well-planned, thorough response which provides a complete picture of patient care should be provided, including references to the relevant patient records.  The initial statement to the assigned investigator is your first chance to provide the investigator with your perspective of the case, including justification for treatment.  If there are concerns about documentation, this is also your first chance to provide any necessary context.  

The assigned dental board investigator may also request an in-person meeting to discuss your perspective of the case and to provide you with an opportunity to review subsequent treatment records.  If retained early enough, we will attend this meeting and advocate on your behalf. Following the investigative meeting, you will have the opportunity to supplement your initial response. We will prepare this statement for you based upon the documentation reviewed at the in person investigative meeting.  At the conclusion of the investigation, the matter will be presented to the IRC for review.  the IRC review is based in part upon the statements you have provided.

LLR Expert Review

When a dental board complaint involves an allegation of substandard patient care, and the IRC cannot agree, the case may be referred to a licensed South Carolina dentist (an expert) for review. If the LLR expert does not feel that the dental licensee  deviated from the standard of care, the matter will be presented to the Board and recommended for dismissal. 

If the LLR expert concludes that the licensee deviated from the appropriate standard of care, the matter will be referred to the LLR office of disciplinary counsel for disciplinary action.  Disciplinary action may include a proposed public reprimand, even practiced based restrictions. Due process must be provided to every licensee, and you have the right to ask for a hearing and appear before the Dental Board panel and/or the Dental Board.  You may also retain your own expert to challenge the expert report. 

Our dental licensing defense team is regularly assigned dental malpractice cases by the professional liability carriers and has defended hundreds of LLR related matters.  Call or email us today to learn more about how we can put our experience to use for you. 803-227-4254.