Treatment Considerations During a Pending Claim
Mistakes and adverse events can happen—even in the most careful, well-run orthodontic practices. Whether it’s a wrong tooth extraction, a cut during IPR, an etchant burn, or another incident, knowing how to proceed when a claim is pending (or anticipated) requires thoughtful evaluation. Every decision you make during this period can impact both patient outcomes and your legal position.
Evaluate the Situation
The right approach depends on both the severity of the issue and the patient’s demeanor.
- If the issue is unrelated to your work: For example, if your orthodontic treatment has gone smoothly but an oral surgeon makes an error, and the patient remains satisfied with your care, you may feel comfortable continuing treatment.
- If the error is directly related to your work: Things become more complicated. Significant injuries—such as visible scarring—can make it unlikely that the patient or parent will want to continue treatment with you. In these cases, stepping back may help reduce the chance of additional conflict.
Why Continuing Care Isn’t Always Best
If a patient’s trust in you has been damaged, continuing treatment may open the door to more disputes. A breakdown in the doctor-patient relationship often causes patients to scrutinize your work more critically, actively looking for mistakes or potential malpractice. This heightened scrutiny, combined with a strained relationship, can lead to additional mistakes, or perceived mistakes, increasing the likelihood of a claim.
Call AAOIC Before Making a Decision
When in doubt, contact the AAOIC claims department. Even if you’re unsure whether a claim will actually be filed, reporting a potential claim early is essential. Our team can:
- Review the situation with you.
- Help you assess the risks of continuing versus discontinuing care.
- Provide guidance on documentation and communication.
Your Risk Management Partner
Our goal is to protect you and your practice. Whether you choose to continue treatment, transfer care, or pause services, making that decision with a clear understanding of both patient care and liability risk is critical.
AAOIC is committed to protecting orthodontists and their practices. Stay informed and proactive about your insurance coverage to ensure continuous protection as you navigate different stages of your orthodontic career. Learn more about how AAOIC can help![SS1]