J.G. versus Texas State Board of Dental Examiners (TSBDE)
Overview
The Texas State Board of Dental Examiners sought to discipline a firm client, a dentist, for failure to refer a patient for an examination and cleaning prior to orthodontic treatment.
CASE DETAILS
Any disciplinary action taken against the firm client would severely damage the client’s ability regarding future orthodontic practice, either for another provider or owning an orthodontic practice.
The TSBDE continued to seek disciplinary action after the patient, who had made the complaint, had a change of heart and alerted the client that circumstances had changed with a refund made to the patient.
The Phan Law Firm, P.C., accompanied the dentist to an Informal Settlement Conference, a meeting staffed with Board members who were dentists, in-house attorneys, and Board Staff.
THE ARGUMENT
The firm successfully argued that even though, admittedly, the dentist had failed to refer a patient for an examination and cleaning prior to orthodontic treatment, which could be the basis for imposing discipline for failing to meet the minimum standard of care, the particulars of this matter demonstrated that the case did not rise to the level of any disciplinary action given the TSBDE’s policy, at the time, recognized de minimis cases and the interpretation for dismissal was supported based on its Disciplinary Matrix, and especially, the examination of the low risk of patient harm.
FINDINGS
The Phan Law Firm, P.C., also demonstrated that the complaint originated based on a dispute regarding fees and not a complaint involving a claim involving subpar dental treatment.
RESULTS
The TSBDE, after deliberation at the Informal Settlement Conference, dismissed the complaint against the dentist and imposed no disciplinary action.
This allowed the dentist to continue practicing in the specialty field of orthodontics, keeping alive the ability to own an orthodontic practice in the future.
