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Knowledge of the law is nine-tenths of the battle in warding off malpractice suits.
As my contribution to this special issue of The Journal I will explore the New York State Dental Practice Act and its relation to the concept of risk management.
Risk management means taking steps to reduce the likelihood that you will be sued for malpractice as a result of your practicing dentistry. It can never be an absolute, because it is not possible to forcibly prevent a patient from suing you. All you can do is lessen the opportunities for such lawsuits and create protections that will lead to a favorable outcome for you if such lawsuits occur. However, since a patient can try to sue you over any frivolous or inconsequential matter, it's a mistake to think of risk management as an absolute preventive measure. Nevertheless, the concept remains important; and it certainly makes it easier for a court to dismiss a frivolous or trivial claim.
Knowledge Protects
One of the best ways to reduce the likelihood of being sued for malpractice is to know the laws governing the practice of dentistry. The most basic of these laws is the Dental Practice Act, which defines what dentistry is and who is authorized to practice it. In actuality, the name "Dental Practice Act" is a colloquial term for Article 133 of the New York State Education Law-which comprises Sections 6600 through 6612 of the Education Law. The actual statutory title of Article 133 of the Education Law is simply: "Dentistry and Dental Hygiene."
It should be noted that the laws governing professional misconduct are not found in the Dental Practice Act itself, but are part of a different article of the Education Law. Those laws are also important to know for risk management purposes, and have been covered in previous issues of The Journal.
Section 6600 - Introduction
States that the Dental Practice Act applies to the professions of dentistry and dental hygiene, and that these professions are also subject to the more general provisions of Title VIII of the Education Law. Although it does not say so specifically, the Dental Practice Act also clearly covers the profession of certified dental assisting.
Section 6601- Definition of Practice of Dentistry...