The Necessity for a Settlement and Release Agreement When Making a Refund to a Patient

 

     The dental attorneys at Nardone Limited in Columbus, Ohio want to ensure our clients execute the proper procedures and agreements when facing a dispute with a patient. Specifically, we want to protect our dental practice clients from liability that can potentially arise from a dispute with a disgruntled patient. There are specific measures that a dental practice and dentist should take to protect their interests before issuing payment to an unhappy patient, even if the dentist believes that the treatment did not fall below the accepted standard of care.

Background

     Unfortunately, as part of managing a successful dental practice, most dental practice owners and dentists will likely encounter a disgruntled patient, who is unhappy with the services and treatment that were provided. More times than not, the dental practice provided the appropriate treatment, which did not fall below the accepted standard of care. When faced with an unhappy patient, the dental attorneys at Nardone Limited recommend to our dental practice clients to first communicate with the patient and carefully review the treatment that was provided. If, after reviewing the patient’s treatment and the patient’s complaint, you truly believe nothing was performed incorrectly and all aspects of the treatment were well-documented, discuss the situation with the patient again. Increasing communication with the patient and discussing the patient’s treatment and options tends to resolve the patient’s issues.

Options for Handling a Patient Dispute

     In some instances, however, even after reviewing the treatment and communicating with the patient, the issue may not be resolved.  The patient may still believe that they should be issued a refund, or that the dentist performed below the accepted standard of care.  At that point, there are a number of options.  First, you can simply tell the patient that you will agree to disagree, and that the dental practice does not intend to issue a refund.  The risk in that approach is the patient can then pursue a complaint with the dental board, file a legal complaint against the dentist and the dental practice, or make derogatory statements through social media and online reviews.

     The other option, however, could be to refund all, or a portion of, the monies paid by the patient for the treatment, as well as nominal amounts for damages, to the extent justified.  When it comes to the second option, we emphasize nominal damages.  We say that because if there are actual damages, then that is something that should be handled by your professional liability insurance, versus the doctor individually.  With that said, if you do ultimately resolve the issue with the patient and refund certain monies, or pay nominal damages, a carefully drafted settlement and release agreement is necessary.

The Need for a Detailed and Sufficient Settlement and Release Agreement

     The dental practice should not just simply issue a refund without any type of settlement and release agreement executed and signed by the patient. It is in the dental practice’s best interest to hire an experienced attorney to draft a detailed and sufficient settlement and release agreement, which protects the dental practice and dentist’s interests.

     The settlement and release agreement should contain the necessary provisions to protect the interests of the dental practice and dentist. Such provisions that must be included in the settlement and release agreement are detailed confidentiality provisions, non-disparagement provisions, release of liability provisions that specifically state that the agreement extinguishes the patient’s claims against the dentist and dental practice, and no admission of liability provisions. An experience attorney, such as the dental attorneys at Nardone Limited, will be aware of all the provisions necessary for an appropriate settlement and release agreement that will fully protect your dental practice and dentist against the potential liability and harm that you are facing. Please note that each settlement and release agreement will be different based on the specific patient and the specific facts and circumstances of the treatment.

Contact Nardone Limited

     If your dental practice has questions about settlement and release agreements and the language that should be included in the agreements, contact the attorneys at Nardone Limited. The dental attorneys at Nardone Limited are well versed in settlement and release agreements, and the specific detail and provisions that are needed for each individual situation. The dental attorneys at Nardone Limited can also handle a full spectrum of other patient related issues, including patient disputes, litigation, and representing you in front of the dental board or other administrative agencies.  If you need advice or representation in any type of dispute, feel free to contact Nardone Limited.