Iron Out Any Legal Issue With A Dental Attorney
The US dental business is estimated at 100 billion dollars and expected to increase at the rate of more than 5% annually in the next few days. This means greater opportunity for people in this. There are about 170,000 dental practices. As the business grows more people enter it and probabilities of errors and accidents also increase. In all of this a dental practice needs protection. A lawyerwill step in to protect the practice owner, the employees and associates in all these aspects of the business, giving a comprehensive through documentation and appropriate structuring.
Entering a new practice
There are very few dentists who attempt to start of a new practice straight out of college. They usually cut their teeth in an existing business, joining as an employee or independent contractor. They may join with a termination clause whereby they exit the businessafter a certain period, or may join with an outlook towards buy in of the business after a certain period. An attorneywould structure out this associate relationship so as to protect both parties. The documentation that is executed involves an outline of the compensation that the associate may hope to receive, his status as an employee or an independent contractor. He may also get a grip of what the business has to offer him and his deliverable while being associated with the business. He may be expected to outline his outlook towards eventual buy in and also sign in a non disclosure agreement.
A new practice
If however starting a new practice from the word go is the outlook, then various crucial processes need to be followed. The Dental Attorney will be at hand to guide you through it. This includes
• Identifying the legal structure such as a sole or partnership firm and deciding on a business name of choice.
• Before commencement of practice the business needs to be registered with appropriate bodies of the state and dental board
• The place of business needs to be identified and secured through purchase or lease option.
• Contracts and agreements pertaining to vendors and employees have to be
• All duties and fees payable need to be remitted Running the business
Day to day running of the business needs various legal interventions. Taxation and other compliance requirements need the intervention of Dental Attorney. Various licenses need to be periodically renewed. With increase in the size of the business and its requirements new contracts might need to be signed and old ones renegotiated. With increase in business size the probability of errors and omissions increase. Consequently a malpractice suit might crop up and protection from the same is an area where the attorney plays a significant role. Transition to a new owner completely or partial sell off is another area where the lawyers make themselves counted.
Dental malpractice in the industry
One of the key areas where the attorney advices, is in matters of dental malpractice. A dissatisfied customer may claim relief under dental malpractice. This may be on grounds of incompetence, negligence, and malice. The lawyer would try and refute through either or more of the following clauses.
• Duty i.e. the dentist not having entered into patient relationship with claimant
• Breach i.e. standard care procedure were
• Causation i.e. the claimed harm is not a direct cause of dentists service provided.
• Damages no significant damage was caused to patient
Dealing through and with insurance companies for liability insurance coverage could also be part of his responsibilities.
Transition management in the business
A key element of a growing business is transition management. Incorporation of new associates or partial sell off of ownership by bringing in a partner is a standard practice in dental practice. This helps share the burden of the work so that the business as a whole doesn't lose potential revenue. At the same time this also allows the overhead costs to be shared out. An attorney plays a crucial role in thrashing out the details including the modicum of cost and profit share. Non-compete, non-disclosure and non-solicitation clauses in case of a partner exiting from the business also need to be established and is done by the attorney.
Exiting the business
Typically a 65 year old is found to be retiring from a business. The process of exit is a planned and the attorney helps at every step individually or in conjunction with other professionals, from the valuation of the business, identification of the buyer, relevant documentation, and tax planning the attorney helps in every step.
Entering a new practice
There are very few dentists who attempt to start of a new practice straight out of college. They usually cut their teeth in an existing business, joining as an employee or independent contractor. They may join with a termination clause whereby they exit the businessafter a certain period, or may join with an outlook towards buy in of the business after a certain period. An attorneywould structure out this associate relationship so as to protect both parties. The documentation that is executed involves an outline of the compensation that the associate may hope to receive, his status as an employee or an independent contractor. He may also get a grip of what the business has to offer him and his deliverable while being associated with the business. He may be expected to outline his outlook towards eventual buy in and also sign in a non disclosure agreement.
A new practice
If however starting a new practice from the word go is the outlook, then various crucial processes need to be followed. The Dental Attorney will be at hand to guide you through it. This includes
• Identifying the legal structure such as a sole or partnership firm and deciding on a business name of choice.
• Before commencement of practice the business needs to be registered with appropriate bodies of the state and dental board
• The place of business needs to be identified and secured through purchase or lease option.
• Contracts and agreements pertaining to vendors and employees have to be
• All duties and fees payable need to be remitted Running the business
Day to day running of the business needs various legal interventions. Taxation and other compliance requirements need the intervention of Dental Attorney. Various licenses need to be periodically renewed. With increase in the size of the business and its requirements new contracts might need to be signed and old ones renegotiated. With increase in business size the probability of errors and omissions increase. Consequently a malpractice suit might crop up and protection from the same is an area where the attorney plays a significant role. Transition to a new owner completely or partial sell off is another area where the lawyers make themselves counted.
Dental malpractice in the industry
One of the key areas where the attorney advices, is in matters of dental malpractice. A dissatisfied customer may claim relief under dental malpractice. This may be on grounds of incompetence, negligence, and malice. The lawyer would try and refute through either or more of the following clauses.
• Duty i.e. the dentist not having entered into patient relationship with claimant
• Breach i.e. standard care procedure were
• Causation i.e. the claimed harm is not a direct cause of dentists service provided.
• Damages no significant damage was caused to patient
Dealing through and with insurance companies for liability insurance coverage could also be part of his responsibilities.
Transition management in the business
A key element of a growing business is transition management. Incorporation of new associates or partial sell off of ownership by bringing in a partner is a standard practice in dental practice. This helps share the burden of the work so that the business as a whole doesn't lose potential revenue. At the same time this also allows the overhead costs to be shared out. An attorney plays a crucial role in thrashing out the details including the modicum of cost and profit share. Non-compete, non-disclosure and non-solicitation clauses in case of a partner exiting from the business also need to be established and is done by the attorney.
Exiting the business
Typically a 65 year old is found to be retiring from a business. The process of exit is a planned and the attorney helps at every step individually or in conjunction with other professionals, from the valuation of the business, identification of the buyer, relevant documentation, and tax planning the attorney helps in every step.
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