Hold-harmless agreements: what every dentist needs to know
Article Abstract:
The law regarding hold-harmless clauses is changing in some states. Hold-harmless or indemnity clauses are clauses that protect one party to an agreement from loss even when that party's negligence caused the liability. Some dental provider contracts contain hold-harmless clauses protecting the contracting managed care organization in this way. These clauses are valid and enforceable in most states except where legislatures deem them to be against public policy. For example, the State of Illinois holds that having construction contractors assume the liabilities of owners is against public policy because it removes an incentive to take precautions to safeguard workers and the public. The same reasoning would apply to dentists and dental care providers. The American Dental Association wants federal and state laws barring hold-harmless clauses. Virginia, California, and New Hampshire have already enacted such laws, and all states mandate review of hold-harmless clauses in health care provider contracts.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 1996
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Article Abstract:
Dentists who work in a managed care setting should openly discuss the plan's limitations with their patients. The American Dental Association believes that the primary obligation of the dentist is too provide the best care possible. However, many managed care contracts limit the types of procedures and may refuse to pay for those it considers unnecessary. The patient may then sue the dentist, believing that appropriate care was withheld. The best way to avoid this is to ensure that patients are always informed of the benefits and risks of treatments and whether their insurance plan will cover the treatment.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 1997
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Parting company: how to avoid charges of patient abandonment when ending the dentist-patient relationship
Article Abstract:
Dentists may avoid charges of patient abandonment in ending their relationships with certain patients by following state requirements and professional guidelines. A dentist should not end a patient relationship if it would endanger the patient's dental health. A dentist should notify the patient in writing that they are ending treatment and give the patient time to find another dentist. A reason may be given for ending the treatment relationship. The dentist may first send the patient a warning letter that treatment may be discontinued if the patient does not comply with treatment.
Publication Name: Journal of the American Dental Association
Subject: Health
ISSN: 0002-8177
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
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