Dentist

Being accused of sexual harassment in your dental practice can be deeply disturbing and potentially career-ending. The special relationship between a patient and their dentist, based on trust and frequent physical proximity, can unfortunately be a complex field in which misunderstandings or false allegations of sexual harassment can occur. Whether true or false, these allegations can quickly damage your reputation, put your license at risk, and cause personal distress.

When you are a dentist and find yourself facing a sexual harassment allegation, you have to be bold, you have to be strategic. A strong defense is your ticket to a prosperous professional future.

Are you facing sexual harassment allegations as a dentist? Being accused of these grave offenses requires a sexual harassment defense attorney’s help. At Sexual Harassment Attorney, we understand the California and federal employment laws as well as the unique demands of the dental industry. Reach out to one of our attorneys and find out how we can assist you in navigating this situation.

Crucial Actions Within The First 48 Hours Under the California Law

The actions and inactions during the initial 48 hours after being notified of an allegation can significantly affect the outcome of the rest of your case. One wrong step today can become almost irreversible tomorrow. This is the protocol that you should follow:

It is best not to:

• Reach out to the patient — Do not attempt to reach the accusing patient or their family. No calling, texting, emailing, or social media interactions. Any effort to clear the air or explain your side can be legally interpreted as witness tampering, intimidation, or an admission of guilt.

• Alter or add to records — Do not enter the patient chart to make additions, alterations, or deletions to entries. Your documents, as they were at the time of the supposed incident, are an invaluable piece of evidence. Even the most well-meaning of intentions can undermine credibility and be considered an effort to cover up malpractice.

• Discuss the complaint with staff — Do not discuss the complaint with staff casually or speculatively. Your employees will be witnesses, and your casual comments can be misinterpreted or used against you. Any communication to any of the staff must be channeled through your lawyer.

However, you can take any of the following actions:

• Contact your malpractice insurance carrier immediately — The first phone call should be to your professional liability insurance carrier, like The Dentists Insurance Company (TDIC), to report that a claim or possible claim has been raised against you. This condition of your policy triggers the provision of legal resources and defense cover to you.

• Ensure that an unaltered record is preserved — You should provide a complete and perfect copy of the patient's entire chart and file. This will include any clinical notes, radiographs, billing records, informed consent forms, and correspondence. Give this clean copy to your lawyer.

• Write your detailed account — On a separate document, to be seen only by your attorney, write down as much as you can remember about the appointment(s) in question. Be descriptive. Mention the date, time, procedures carried out, how many other people were in the room, like a dental assistant, the patient's mood, and any particular discussions you remember. This contemporaneous report is invaluable to your defense.

• Retain specialized legal counsel — This is the most crucial step that you can take. Do not wait. You need to seek representation by an employment attorney who practices specifically in dental license defense and administrative law. A general practice attorney or a relative will lack the specialty to handle the Dental Board of California.

The Three Independent Legal Battles a Dentist Faces in Sexual Misconduct Cases

An allegation of misconduct does not have a straight path. California may even compel you to take up three simultaneous fronts, each with its own set of rules, standards of evidence, and possible outcomes.

• An administrative action through the Dental Board of California (DBC) — The California Business and Professions Code governs the board’s activities, which has the protection of the consumer as its primary mandate. The administrative action is an inquiry about your license to practice dentistry. They are not interested in monetary reparation or incarceration. They just want to know whether you have breached the Dental Practice Act and whether you should face disciplinary action, or your license should be suspended or revoked.

• A civil lawsuit — The patient can sue you and your practice. This lawsuit aims to secure monetary damages based on harm allegedly suffered, which may cover medical or therapy expenses, emotional distress, and even punitive damages to penalize outrageous behavior. This is where your malpractice insurance will be your defense.

• Criminal investigation — When the accusation concerns any unwanted touching, you risk facing sexual battery charges under Penal Code 243.4. The patient has the right to report to his/her local police department, or the Dental Board investigator can be obligated to do so. The District Attorney's office deals with criminal cases. Should you face criminal prosecution, you could face a jail term, fines, and a sex offender registration requirement.

Importantly, the three legal actions are autonomous. Being cleared in one arena does not prevent the other legal proceedings. You can be acquitted in a criminal court and still have your license revoked in a Dental Board proceeding due to the lower standard of proof in administrative law. The board applies the clear and convincing evidence burden of proof, which differs from the “beyond a reasonable doubt" standard in criminal proceedings.

The Dental Board of California Investigation

The most imminent and potentially life-threatening challenge to your livelihood is usually the DBC investigation. The following is the exact procedure you should anticipate:

• Complaint and investigator — The process usually starts with a letter telling you that a complaint has been made and an investigator has been appointed. The investigator at hand is a sworn peace officer who has the power to collect evidence. The only thing you should do is send this letter to your lawyer. You must never talk to a DBC investigator without your attorney present and setting the course of the discussion.

• Subpoena duces tecum — The investigator will probably send a formal request for documents called a subpoena duces tecum. It will require a certified copy of the patient's entire record. Your attorney will guide your response to ensure it is timely, complete, and does not unintentionally waive any rights.

• Referral to the Attorney General's Office — When the investigator and the expert reviewer of the board believe there is enough evidence of a violation, the matter is referred to the Attorney General's Office of California. This is a grave escalation. A Deputy Attorney General will then be appointed as the prosecutor, and a formal accusation will be filed against your license. This is a public document that identifies the precise laws the board believes you have violated.

• Office of Administrative Hearings (OAH) — The Accusation is tried before an Administrative Law Judge (ALJ) at the Office of Administrative Hearings. The trial includes opening statements, witness testimony, cross-examination, and closing arguments. The ALJ will prepare a "Proposed Decision" after the hearing. The Dental Board may accept this decision, or change it, or refuse it, and the last word on any disciplinary measure, which may be:

1. A public reprimand

2. Probation with stringent conditions, like having chaperones or attending therapy and ethics courses

3. Revocation of your license

The decision rests with the Dental Board.

Facing a Civil Suit for Sexual Harassment

In addition to the direct issues with your professional license, a sexual harassment claim can easily devolve into a civil lawsuit, specifically going after your personal and professional financial resources. It is important to realize that although the Dental Board of California (DBC) is concerned with your license and compliance with the professional standards, a civil claim aims to get the alleged victim monetary recompense.

Should a patient file a civil suit, your malpractice insurance provider will typically assign a defense attorney to defend the case, another critical measure of protection given by proper insurance coverage.

A civil case is initiated formally when you are served with a summons and complaint. These legal documents officially inform you of the lawsuit and what is being alleged against you. When you receive these documents, you should act quickly. Your retained attorney will file a formal answer on your behalf, your response to each of the allegations in the complaint, usually denying the claims and stating your initial defenses. This official exchange preconditions a further, usually rather long, course of litigation.

After the initial pleadings, the next stage of the lawsuit is the discovery phase, a long period of gathering evidence under the California Code of Civil Procedure. This is the most protracted and intrusive part because it allows both parties to force the disclosure of evidence pertinent to the case. Be ready to be scrutinized on almost all aspects of the allegations and how you conducted yourself professionally. The main elements of discovery are:

• Depositions—This stage of discovery can be particularly stressful. You will have to take an oath and testify orally, not in a court of law, and the attorney representing the plaintiff will examine you for possibly many hours. Your attorney will spend considerable time preparing you for your deposition and planning to give truthful answers without jeopardizing your defense.

• Interrogatories—These are written questions posed by the attorney representing the plaintiff, which you would be required to respond to in writing, under oath. They may be general, including facts, what you do, and what you know about the incident.

• Requests to produce—These are official requests for documents, records, digital information and any other material evidence that the plaintiff thinks would be helpful to their claims. If considered pertinent, this may encompass patient records, internal office rules, communication records, and even personal calendars.

The ultimate goal of the plaintiff in a civil litigation is to obtain a monetary settlement or a favorable judgment. This compensation in California may be significant and may comprise different kinds of damages:

• Compensatory damages—This includes direct financial losses and non-financial damages, including medical expenses to cover therapy or counseling, lost wages (if applicable to the plaintiff), and damages to cover emotional distress, pain, and suffering.

• Punitive damages—California courts have the discretion to award punitive damages in especially severe situations when the defendant's act is found to be malicious, oppressive or fraudulent. They are sometimes very high and are not meant to compensate the victim but rather to punish the defendant and prevent a similar behavior.

It is worth mentioning that the vast majority of civil sexual harassment cases are settled through negotiation and settlement even before they get to the full-scale trial stage. This is usually the choice of the two parties because they do not want the trial's uncertainty, cost and publicity. Your lawyer will be instrumental during these negotiations, and he/she will be doing his/her best to secure the best deal possible with little impact on your finances and with no negative impact on your professional reputation.

Defense Strategies You Can Use in Challenging Sexual Harassment Allegations

A sexual harassment allegation as a dentist may prove to be one of the most challenging events in your career. Stakes are very high, and there is a possibility of grave damage to reputation, financial stability, and even license to practice. A strong and methodical defense, organized and overseen by a professional team of lawyers, is essential in this critical situation. Your lawyer will carefully construct this defense, and he/she will pay attention to several areas so that your career and good name will be defended.

Some of the common strategies include:

1. Factual Repudiation

The key to any successful defense is a methodical breakdown of what the plaintiff is alleging. This is not the default denial. This is the provision of an explicit, evidence-based counter-narrative.

Your attorney's first action is to thoroughly review your clinical records. These records are your best defense in California, where high record-keeping standards are enforced. This is much more than treatment notes. Look at timestamps, notes on the step-by-step procedures, patient consent forms, and billing records. All the written documents may be used to create a detailed chronology of the events.

For example, an accurate time stamp on a procedure note may conflict with an accuser's claim regarding an alleged incident, or extensive notes regarding how a patient was when he/she left your office may conflict with subsequent allegations of distress. This is to present an irrefutable factual state of events that confronts and hopefully refutes the plaintiff's version.

2. Chaperone Defense

The chaperone defense is one of the strongest defensive approaches that a dentist can use. The standard of care in the state is highly encouraging and, in most practical situations, necessitates the constant presence of a trained dental assistant or a suitable member of staff (a chaperone) in all examinations and procedures on the patients.

If you have had a rigid chaperone policy in your practice, this may serve as a pillar in your defense.

Consider the situation in which an allegation was made due to a patient interaction. The testimony of your dental assistant can be powerful if you always have them in the operatory. They can testify that they were present during the appointment and, more importantly, witnessed only professional and appropriate behavior. Your lawyer will immediately start investigating your office's policies and practices about chaperones and record everything. This involves written standards, employee training documentation, and even unofficial but regular office practices. When these allegations arise, a chaperone's presence and believable testimony can thoroughly undermine an accuser's credibility, transforming a he-said-she-said situation into one supported by an objective professional witness.

3. Witness Testimony

In addition to the chaperone, other employees can give very valuable testimonies. Your lawyer will also interview any staff present in the office when the alleged incident occurred or who may have seen the patient before or after the appointment, with discretion and confidentiality. This involves receptionists, hygienists, and other assistants.

Testimony by your team in unison on the standard office procedures may be essential. For example, personnel may verify that you never do a patient consultation with the operatory door closed or that you have a clear view of the front desk from the treatment rooms.

Their comments regarding the patient's attitude on entry and exit, strange requests, or past encounters can be very valuable. Even the seemingly trivial details, supported by numerous, consistent testimonies of credible witnesses, may create a picture proving your defense and disproving the accuser's story.

4. Questioning Credibility and Intent

Although it is always done most professionally and within the legal framework, undermining the accuser's credibility and investigating their possible motives is a key point of your defense. During the discovery process, which comes before trial and during which your defense team will carefully investigate for any inconsistencies in the accuser's statements. This can involve comparing what they said initially with later depositions, tweets, and posts inconsistent with their testimony.

In addition, your lawyer will delicately and indirectly inquire about any ulterior motives the accuser may have in making or exaggerating allegations. This has never been about attacking a victim. However, the legal process is as fair as possible, and the allegations are based on the truth and not out of personal vendettas, financial gain or other outside influences. This delicate process needs skill to be well done so that your defense is based on facts and law and thoroughly scrutinizes the veracity of the accusations against you.

Find a Sexual Harassment Lawyer Near Me

Sexual harassment accusations are traumatizing, and they endanger your name and career. These are grave issues that require strategic intervention promptly. When you receive these allegations, you need to contact experienced legal counsel who specializes in sexual harassment defense, and the team at Sexual Harassment Attorney is your best option for fighting the charges. Contact us at 800-905-1856 for further assistance.