Legal Question in Medical Malpractice in New Jersey

false accusations reported to dental board

what recourse do i have for a situation where a patientfalsely accused me of ''stabbing '' him with my instrument and causing canker sores? he reported this to the state board of dentistry. i am still waiting for a reply from the board, one year later.


Asked on 10/22/04, 6:37 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: false accusations reported to dental board

I assume that you have malpractice insurance coverage and that you have reported the claim to your malpractice insurance company. If you are concerned about the progress of your case, you should contact the attorney assigned by your malpractice insurance carrier.

If you do not have malpractice insurance, or even if you do, but want completely independent legal representation, then you will need to retain an attorney. Your attorney can review the complaint, the medical records, and any other relevant materials to assist you in determining whether you should take any action, other than waiting for the outcome of the complaint in due course.

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Answered on 10/25/04, 7:01 am
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: false accusations reported to dental board

Unfortunately, even if the accusation is shown to be false, there is no real recourse. The Baird must investigate these claims. You could potentially sue him for defamation, but that generally requires that it be "published" outside of a legitimate complaint system. I would hope that it resolves and you get clear of a patient who has no legitimate claim. Good luck.

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Answered on 10/23/04, 10:20 am


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