MLMIC DentalLog In

Small Claims Court: A Dentist’s Guide to Navigating the Unexpected

An insightful article on dental malpractice actions filed in small claims court was published in MLMIC’s The Dental Scope, Q1 Edition. Facing a lawsuit from a patient, even in small claims court, can be daunting. As a dental professional, it’s crucial to understand the process and protect your interests.

Here’s a breakdown of what you need to know:

First Things First: Contact Your Insurer

If you receive a “Notice of Small Claim,” your immediate step should be to contact your malpractice insurer, like MLMIC. They’ll assess the situation and determine if legal counsel is necessary. Resist the urge to handle it yourself, even if it seems like a minor issue.

Why You Need Representation

  • Expedited Hearings: Legal counsel can often secure earlier hearing dates, saving you valuable time.
  • Navigating the Unfamiliar: Small claims courts have unique procedures that differ from traditional courtrooms.

Understanding the Small Claims Process

  • Small claims courts are designed for relatively minor disputes.
  • Claimants often appear without lawyers (“pro se”), and judges tend to be more lenient.
  • Courtroom settings can vary widely, from formal courtrooms to rooms with folding tables.
  • Claimants often present very odd evidence, so be prepared for the unexpected.
  • The burden of proof is still on the claimant.

The Trial and Beyond

  • Be prepared for potentially emotional and personal attacks from claimants.
  • Some courts utilize mandatory arbitration before a trial.
  • Appeals are possible, but they focus on legal errors, not factual disputes.
  • Expert witnesses are rarely used by the plaintiff but are often needed to prove malpractice.

Small claims court may seem less intimidating than a traditional lawsuit, but it still carries significant risks. By understanding the process and seeking appropriate legal counsel, you can protect your rights and minimize the impact on your practice.

Read the full article here.

MLMIC policyholders can reach out to our healthcare attorneys for questions about small claims court or to ask any other healthcare law inquiries by calling (877) 426-9555 Monday-Friday, 8 a.m.-6 p.m. or by email here.

Our 24/7 hotline is also available for urgent matters after hours at (877) 426-9555 or by emailing hotline@tmglawny.com.

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If you are not already a MLMIC insured, learn more about us here.

This document is for general purposes only and should not be construed as dental or legal advice. This document is not comprehensive and does not cover all possible factual circumstances. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors for any questions related to legal, dental or professional obligations, the applicable state or federal laws or other professional questions.