Disclaimer and product liability statements?

[GoldRunner]

How many of you use a disclaimer and product liability statement or form with high risk implant cases? I hate being presented with nearly impossible implant cases that have had no treatment planning or comprehensive evaluation.

If you ask them to sign a liability release, it opens up other legal issues that might be more problematic than the original issue. Now you are judging the quality of their work etc.

So what do you think?
popcorn

 

[araucaria]

How many of you use a disclaimer and product liability statement or form with high risk implant cases? I hate being presented with nearly impossible implant cases that have had no treatment planning or comprehensive evaluation.

If you ask them to sign a liability release, it opens up other legal issues that might be more problematic than the original issue. Now you are judging the quality of their work etc.

So what do you think?
popcorn

Are the docs who are sending these cases certified for the task they're carrying out ? What amount of training is required to start on jobs that are complex and BIG bucks too? IMO when a doc gets certification to do implant work they should be mentored strictly for a certain number of cases before getting freedom to develop their practices. If you disagree with their design requirements then you should put your objections in writing with reasons why (and maybe speak too),and allow the client the freedom to choose another lab to do the work.

 

[Mark Jackson]

How many of you use a disclaimer and product liability statement or form with high risk implant cases? I hate being presented with nearly impossible implant cases that have had no treatment planning or comprehensive evaluation.

If you ask them to sign a liability release, it opens up other legal issues that might be more problematic than the original issue. Now you are judging the quality of their work etc.

So what do you think?
popcorn

I think you are VERY smart to consider this. I think you would also be wise to meet with your liability insurance carrier and discuss what you are doing, and also talk to them about whether or not you need to have Professional Liability Insurance.

I think labs who make SURGICAL GUIDES without them, are retarded.

We have a general liability contract, and then we have more specific ones for surgical guides and another for patients who visit our radiology department. Here is a link to our primary one:

Customer Agreement | Precision Ceramic Dental Laboratory, Montclair, CA 91763

 

[JonB]

That's why when we make surgical "guides" there is no guide hole placed in them - its a solid block of acrylic. The oral surgeon has the info that we do not about bone density and conditions of the oral environment. If I were to suggest where to place the implant, not being fully informed and well educated on it, I would be opening myself up to all sorts of legal trouble. I'm not about to go there! So the oral surgeon drills his own damn holes! ;-)

 

[rkm rdt]

I carry mandatory liability insurance/errors and omissions to be an RDT.

I am also obligated to refuse any work that I deem unsafe.If I proceed knowingly, I become guilty of professional misconduct!