Hearing that a patient plans to sue could easily cause you to panic and immediately react. Not so fast. This is exactly why you have malpractice insurance.
Posted in Dental Insights on Tuesday, September 23, 2025
The first step you should take if you suspect a patient is considering a lawsuit or initiating a complaint against you before your state Board of Examiners is to contact Professional Solutions. This is also the case if you get a letter from an attorney, a summons or a complaint.
Our claims professionals have seen just about every type of malpractice claim possible. They have the experience to identify the best way to safeguard your reputation and protect your practice by:
- Helping you secure all relevant records. If you don’t secure the proper files and a lawsuit commences years later, it might be impossible to find all of the records. It looks bad in the courtroom if some or all of a record can’t be found.
- Ensuring that all vital testimony is preserved. You might not remember much about the treatment you provided for a particular patient when you go to trial a decade from now—your staff won’t, either.
However, if our claims representatives believe a lawsuit is probable, we will evaluate the potential claim. We’ll talk to you and other witnesses while your memory is fresh, and preserve the testimony should litigation occur later.
Additional Reminders
Don't Discuss
Keep all information about the potential lawsuit to yourself—don't discuss the case with family, colleagues or friends. Although your normal response may be to try to solve the problem yourself, it is not a good idea when a malpractice allegation or board action is likely.
Every person you speak with can become a potential witness. If you say different things or explain things differently to people, your defense could be harmed and/or your credibility could suffer in court.
Go No-Contact
Avoid contacting the patient who is suing you, as well as his or her attorney. This is true even when the case involves someone you previously considered a friend or knew professionally. Though your intentions may be benign, a plaintiff’s attorney could misrepresent this contact as a display of guilt, fear or anger. The probability of uttering a potentially damaging statement far outweighs any possible benefit from making such a call.
No Coaching
Do not coach your staff on what to say about the situation. More often than not, anything you tell them will come out during a lawsuit— to the detriment of your defense.
Remember, the first step is to contact Professional Solutions if you have even the smallest hunch that a lawsuit is looming. You can never be too prepared. A claims representative can be reached at 800-640-6504.