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Category Archive for: "Blogs"

Category: Blogs

PA Supreme Court: Dentists Performing Surgery Must Personally Obtain Informed Consent Directly From Patients

A recent ruling from the Pennsylvania Supreme Court has held that a medical provider performing any type of surgery has a non-delegable duty to obtain informed consent directly from its patients. This ruling, issued in the case of Megan and Robert Shinal v. Steven Toms, M.D., breaks from prior case law suggesting that it was sufficient for support staff to obtain the informed consent of a patient, and prohibits a physician (or dentist) from delegating his or her duty to obtain a patient’s informed consent prior to surgery.

Categories: Blogs, Informed Consent, Operating a Practice, Pennsylvania Law

Think Before You Yelp: Responding to Online Reviews May Result in a HIPAA Violation

Many patients turn to crowdsourced online review websites such as Healthgrades, Yelp, and Vitals to research and choose their dentists. While such websites can positively boost a dental practice’s online presence, they also pose a serious public relations risk as these sites allow users to instantly circulate their opinions—whether good or bad—to the general public. Poor reviews can be used as constructive feedback to improve the practice; however, inflammatory public statements can also turn off potential patients and send new business elsewhere.

Categories: Blogs, Future Planning, HIPAA, Operating a Practice, Patient Complaints, Yelp Reviews

DSO Armageddon? What Allstate v. Northfield Means for Dental Service Organizations in New Jersey and Beyond . . .

In light of the recent New Jersey Supreme Court decision, Allstate Insurance Company v. Northfield Medical Center, dental service organizations (“DSOs”) in New Jersey should take extreme caution when structuring their business arrangements. The Allstate decision, considered in connection with New Jersey State Board of Dentistry’s regulations and an amicus brief filed by the New […]

Categories: Blogs, Dental Practice Management Companies, Future Planning, NJ Law

Letters of Intent (Leases)

You’ve spent time searching for the right dental office space and perhaps invested in a consultant to perform demographic research to help you choose the optimal location. You’ve found the perfect office space and now you’d like to make sure you don’t lose it to someone else. When dealing with a real estate broker, you’ll […]

Categories: Blogs, Dental Use Exclusivity, Office Leases, Permitted Use, Real Estate, Zoning

Restrictive Covenants in Employment or Independent Contractor Agreements: An Owner/Employer’s Perspective

What Are Restrictive Covenants and Why Do They Matter For Dental Practices? The success of any dental practice can be measured, at least in part, by its ability to create and maintain patient relationships. Unfortunately for practice owners, such patient relationships do not ordinarily arise between a patient and the practice itself, but rather the […]

Categories: Associate Agreements, Blogs, Restrictive Covenants, Transition Issues

The Importance of an Operating Agreement

A limited liability company (“LLC”) is formed by filing a short document usually known as a “certificate of organization” or “certificate of formation” (or something similar). After the LLC is formed it is highly advisable that the members of the LLC enter into an operating agreement which provides a clear set of rules by which […]

Categories: Blogs, Limited Liability Companies, Operating Agreements, Pennsylvania Law, Transition Issues

Ownership of Dental Practices & Registration Requirements for Dental Service Organizations in Texas

In recent years, the question of how a dental practice can be owned and operated in Texas has been a hot button issue in court and with the legislature. To their credit, Texas legislators have worked to keep up with changing trends in the dental industry in ways that most other states have not. Specifically, […]

Categories: Blogs, Corporate Practice of Dentistry, Dental Practice Management Companies, Texas Law

Be Sure That You Are Permitted to Operate a Dental Office at Your Location

You’ve found the perfect location and have progressed to negotiating the terms of your office lease or the purchase of the property where your office will be operating. While things may seem well and good, a hazard lurks, waiting to be uncovered: due to a use restriction, you can’t open a dental office in the space.

Categories: Blogs, Dental Use Exclusivity, Letters of Intent, Office Leases, Permitted Use, Real Estate, Zoning

Getting a Helping Hand: Tenant Improvement Allowance

Opening your dental practice will involve a substantial investment of your time and money, particularly in the design and construction of many specialized improvements that you’ll need to support your dental equipment. While you may be fortunate enough to find office space that is appropriately plumbed for dental use, typically office space is delivered ready […]

Categories: Blogs, Letters of Intent, Office Leases, Real Estate

Protecting Your Practice: Office Relocation

Consider this scenario: You have an established and successful dental office with a substantial patient base drawn from the area that you’ve cultivated over the years. You also have a substantial investment in customized office space that you built out. One day, you receive a notice from your landlord that you must relocate your office […]

Categories: Blogs, Letters of Intent, Office Leases, Real Estate