The Dentist Lawyer in Brisbane, Queensland, Australia | Lawyer & law firm
The Dentist Lawyer
Locality: Brisbane, Queensland, Australia
Phone: +61 7 3007 1777
Address: Level 6 Inns of Court, 107 North Quay 4000 Brisbane, QLD, Australia
Website: http://dentalegal.com.au
Likes: 870
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24.01.2022 Being totally focused on attending to patient needs is imperative. However maintaining essential documentation and ensuring patient consent before treatment is equally as important to be compliant with health funds and the regulators. The legal ramifications of failing to meet the standards can be detrimental to your practise, your reputation and your bottom line. Contact Brad Wright.
24.01.2022 This article is about what might be the best way to engage with dentists in these current times and in view of recent case law.
23.01.2022 Clear as mud ? Hopefully this does not descend into a turf war. JOKING ! Of course it will. https://www.dentalboard.gov.au//2020-05-13-Know-your-scope
21.01.2022 As medical practitioners and business owners we understand that there are a multitude of tasks and requirements we must all adhere to in order to run a profitable enterprise. We are also very aware that prevention is better than a cure! However, inevitably issues can arise and must be dealt with as quickly and efficiently as possible to avoid ongoing /disruption. For legal advice on prevention, mediation and resolution reach out to Dental Legal Solutions on (07) 3007 1777.
21.01.2022 Just a few times this came up this week. Its like a 5 minute read, unless you want the whole thesis thing ! http://www.dentalegal.com.au/do-i-have-valid-informed-cons/
21.01.2022 Dr. Brad Wright is a barrister with a unique set of skills, interests and experience with Health Practitioner Law Having been a health practitioner in the years prior to being called to the Queensland bar, Brad offers his clients the best of both worlds with his extensive knowledge and experience. Reach out to Brad and the Dentalegal Solutions Team on (07) 3007 1777 or visit our website for more information https://bit.ly/306p0wl
19.01.2022 Expertise, Advocacy, Understanding and Advice. These are the four key elements dental practitioners need when it comes to matters of a legal nature. As a dental practitioner myself, I can relate to both sides of this equation and it is why I specialise in matters of dental and health practitioner law. If you are in need of legal expertise, advocacy, understanding and advice, get in touch (07) 3007 1777.
19.01.2022 FIRST JOBKEEPER RULING GOES AGAINST WORKER The Fair Work Commission (FWC) has handed down the first decision dealing with a dispute in relation to JobKeeper with the decision going against the worker. Background...Continue reading
18.01.2022 Our client recommendations and referrals are an essential part of our business, and truly appreciated. Our goal is to always provide the highest level of service using our years of experience and industry knowledge. Thanks for the kind review K.H.
18.01.2022 For a dental patient to give consent for treatment they must be advised and understand what is being done, why it is being done and they must agree to that treatment being carried out. Failure to provide a patient with these three key pieces of information can lead to a complaint being made and the dentist needing to answer to a Board, Council Tribunal or Court. Visit our website https://bit.ly/3fUgcPb for more information and a Practical Guide to the Consent Process.
17.01.2022 The saying goes ""There are always two sides to every story"" and this relates to issues of employment law. Problems or claims of unfair dismissal, general protections, or unpaid wages/benefits are areas of concern that you may wish to act on quickly and seek legal advice. Brad Wright at Dental Legal Solutions can assist whether you are an independent contractor employee or practice owner in the public or private sector in matters of dental employment law. Please reach out on (07) 3007 1777 for a free initial assessment.
17.01.2022 When presented with a review notification from Medicare or the the Professional Services Review Office, you should seek appropriate legal advice. Understanding your obligations, the administrative review and audit processes as well as what actions your indemnifiers will cover can be difficult and independent advice is critical. Brad Wright has extensive experience with providing legal advice, legal representation and appearance in relation to Medicare and many other Health Insurance matters. Contact Dental Legal Solutions to help you move forward with these matters.
15.01.2022 We strongly believe before going down the path of litigation, our clients should seek relief though mediation. Both parties in a dispute will most often be better off asking for an independent person to mediate, conciliate or arbitrate the dispute. We are more than happy to provide a no charge, obligation free discussion about mediating your dispute rather than litigating it. Please reach out on (07) 3007 1777.
15.01.2022 If this is how post Covid lunches will be, I will have instant noodles I think in my chambers. I am the Santa figure right at rear - 1.5 meters from James Wright esq
14.01.2022 Signing on the dotted line can be daunting. When presented with a contract of employment, it is imperative that you read the entire contract and seek advice if any of the terms are unclear particularly in relation to restraint, termination and retention of fees. For contact reviews or any other advice in relation employment law - please contact Brad Wright on (07) 3007 1777.
14.01.2022 Health Practitioners across the country, regardless of their specialty, rely on strong leadership, effective teams, efficient processes and experienced service providers. Dentalegal Solutions are proud to represent clients across Queensland, New South Wales and all the other states & territories of Australia.
13.01.2022 Building confident, professional relationships with patients while delivering the highest quality of care is at the forefront of our minds as Dental Practitioners. However, on the rare occasion when these goals have not not achieved a complaint may be made to the appropriate industry regulators. Assessments usually follow, and a response will be requested. Assessments usually follow, and a response will be requested. If you find yourself in this situation we recommend you immediately seek assistance from your indemnifier. If your indemnifier will only review your response to the complaint, you may want to have a legal expert prepare the response for you. The earlier a proper detailed response is made the better.
13.01.2022 Our aim is to deliver the best possible services and results for each and every one of our clients. Receiving feedback like this is reminds us why we do what we do. Thank you for the kind feedback A.M.
13.01.2022 Australian Dental Practitioners in need of expert dental legal advice are often faced with the challenge of finding representation from a law firm who truly understand the detailed nature of the dental industry. Dealing with the complex issues that go hand in hand with claims of negligence, compulsory indemnity insurance or AHPRA matters requires the specific advice and guidance Dentalegal Solutions can provide. Visit our website for more information https://bit.ly/306p0wl
12.01.2022 ? Principals of practices and independent contractors, and employees usually work pursuant to a contract. Whilst no one would buy a dental practice without a contract, dentists often engage with other dentists arguably in the most important commercial relationship they have without a signed contract. Of course contracts can be oral, in writing, comprised of correspondence and even implied or a bit of all of them! A common issue th...at arises is where a principal presents a contract to a dentist who is a worker and after some negotiation, the worker continues to work, and they payments such as they are flow and they go on about their business. ? Well of course that depends. Where contracts are unsigned by either party, it can suggest that neither party adopted it. Although the party who created the document would be implied to have accepted the terms. To be enforceable one party must offer terms and the other must accept them, the parties must exchange something of value, such work or services for money (consideration) and the parties must intend to be legally bound by the terms of the agreement. It may be simple enough to work out that there was agreement about payment for example, but other terms such as restraints and termination may be more difficult. In general, a contract does not need to be in writing to be binding. A contract can also be verbal or implied through actions. Also an equitable remedy from the doctrine of part performance might be appropriate Where companies are concerned, then the Corporations Act has application of course, and companies are not the same as individuals. Agreements between dentists can be simple or complex depending on the parties. There is no one size fits all. Agreements should set out matters such as clinical records ownership, restraints, termination, confidentiality, retreatment, dispute resolution and dentist professional obligations. If you employ or engage with dentists as contractors, then you should get proper contracts that reflect the relationship and that indicate the bargain struck by the parties that reflect the dental profession conduct and practice. No contract or an unsigned contract just creates risk and doubt. If you wish to enforce terms such as restraint and termination, put it in writing and remove the doubt. Proper agreements if well drafted with specific application give all parties certainty and save on cost of litigation. Call 07 3007 1777 or message for an initial discussion.
11.01.2022 ! One of the calls I get is from dentists who have worked at a practice and they have had the last commission withheld on the basis of some allegation of retention for retreatment or for some breach of a treatment standard. The dentist usually wants to know whether and how they can be paid an amount that is significant....Continue reading
10.01.2022 Stop and think for a moment. In times of conflict, third party intervention may be the only course of action. As a Nationally Accredited Mediator and Commercial Arbitrator Brad Wright from Dentalegal Solutions is well-versed with the mediation and arbitration processes required to resolve disputes with a positive and successful outcome. For advice and guidance, reach out on (07) 3007 1777 or [email protected]
09.01.2022 There are more and more cases where the regulators impose conditions of supervision. Not all supervision is equal...
09.01.2022 Remember to complete your Jobkeeper declarations for May from today to be sure the payments keep coming....
09.01.2022 We are firm believers in seeking resolution to disputes prior to commencing litigation. If you have a dispute, talk to the other party about the possibility of mediation, conciliation or arbitration, then contact us for options and solutions to be carried out in person or online.
08.01.2022 The Moffet and Dental Corporation Appeal has been decided...
07.01.2022 RESTRAINING DENTIST EMPLOYEES OR INDEPENDENT CONTRACTORS- Some observations (I) When there is a reset for dental practices, as currently, its sometimes useful to look at the agreements we use for dental practice. Agreements for Employment, or Service and Facility agreements are critical in times of change. Often dentists rely upon templates and change the terms without consideration of the full effect of the changes. One that is common is a misunderstanding of restraint of... trade. There is a view by some dentists that restraints of trade are unenforceable against employees or users of services and facilities. That is simply incorrect. Restraints as to non compete and also non solicitation are enforceable if properly considered and drafted. Certainly intellectual property and confidentiality of patient records are protectable. The Courts are more likely to hold that the dentist employer has an interest legitimately protected by a restraint where the dentist employee ( or independent contractor) is in frequent face-to-face contact with customer (as in dentistry), where the employee alone knows the customers and their requirements, or where the employee is relatively skilled and not merely in a subordinate position working under the supervision of others (as in dentistry). What is important is the quality of the contact, in which there is an appreciable risk that customers will transfer allegiance to the employee, even in relation to customers who only deal with the employer infrequently (as in dentistry) For example, it may be reasonable to restrain employees from diverting clients from the employer where the employees, in the course of their employment, had the opportunity to develop personal relationships with clients and to influence them. It is true that there is no point in having a restraint that is prima facie unenforceable. But equally, a well written contract that protects the rights of principals is important with dentists leaving positions and with patient goodwill so critical. Also there is no point in having a perfect document as far as the employer or principal is concerned if the potential contractor will not sign it. If you might need assistance with drafting and interpreting contracts, reviewing contracts, then call for an initial free discussion and an assessment of the risk of your current agreements and the need to incorporate proper restraint of trade terms. Message or call 07 3007 1777 or email [email protected] for expert advice.
06.01.2022 Record keeping is imperative for all health practitioners. A structured records checklist to follow before, during and after each patient visit will allow Dentists to capture necessary information that will not only assist with treatment but also act as a solid record should a complaint or claim be lodged in the future. Developed guidelines can be found here https://bit.ly/3jL79lZ For further advice, please contact Brad Wight on (07) 3007 1777.
05.01.2022 There are more than 9,000 practicing solicitors in Queensland alone. How many of them have relevant experience with dental and health services law for over 20 years and 30 years as a dentist and consultant? If you need to find a lawyer who can provide you with expert industry specific legal advice when you need it, contact Brad Wright from Dental Legal Solution https://bit.ly/3g6seEQ
04.01.2022 My friend and colleague Professor Monsour is running a course for NSW practitioners for CBCT prelicensing. I am helping him organise it. If you know of anyone who might be interested please share the post and the DMFR page.... $100 off if registered before July 10. And its online and only 20 places.
04.01.2022 Dealing with the ADA and your insurer can be time consuming especially when their advice is conflicting and not always timely. Take the confusion out and have Brad Wright at Dentalegal Solutions be your advocate to ensure the situation is dealt with efficiently and in your best interest. Visit https://bit.ly/306p0wl
04.01.2022 As with all important decisions, before you sign on the dotted line, seek advice and guidance from those you can rely on. All discussions with Brad Wright at Dentalegal Solutions are of course, confidential and there is no fee for your first discussion as we want to ensure you are presented with all the options available to you so you make an informed decision on how you would like to proceed.
01.01.2022 If you think your processes might need some work, then this short course might be a help. Saturday 26th September 2020. Online by Zoom with pre reading and optional assessment. Get the benefit of experience and help safeguard your freedom to practice.
01.01.2022 Having to proceed with a case being heard in court is a last resort. Finding representation from lawyers who truly understand the detailed nature of the dental industry can be the difference between a swift out-of-court mediation process and a drawn out legal battle.
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