Lawyers for Dentists - Federal Lawyer
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Lawyers for Dentists

Our Lawyers Represent Dentists, Dental Hygienists, and Other Practitioners in All Legal Matters

Lynette Byrd
Attorney Lynette S. Byrd
Dentists Team Lead
Former DOJ Attorney
envelope icon Contact Lynette

As a dentist or other dental practitioner, you can face legal issues in all aspects of your practice. When these issues arise, addressing them promptly with a proactive and custom-tailored approach is essential for avoiding unnecessary consequences.

At Oberheiden P.C., we have extensive experience representing dentists, dental hygienists, and other practitioners in all legal matters. Whether you need help avoiding disciplinary action, dealing with the DEA, or responding to federal billing fraud allegations, our dental lawyers can guide you forward. Many of our lawyers and consultants have prior experience working for the DEA and other agencies, and all members of our team have extensive experience advising clients in the healthcare sector. Contact us to find out why dentists and dental professionals nationwide choose Oberheiden P.C. when their career is on the line.

Our Legal Services for Dentists

Regardless of the legal issue (or issues) you are facing, our team of experienced dental attorneys can help you make informed and strategic decisions, and we can use our experience to protect you, your license, and your dental business by all means available. We regularly represent dentists and other practitioners in the dental industry in matters including:

Licensing and Credentialing Matters

As a dentist, dental hygienist, or other licensed practitioner, your license is your livelihood. As a result, if your license is at risk, you need to protect it by all means available. We can help. We have experience helping dental clients protect their licenses when faced with issues including (but not limited to):

  • Dental malpractice claims
  • Misconduct allegations
  • DUIs and other criminal charges
  • Dental board investigations
  • Credentialing matters

Whether you are facing suspension, permanent revocation of your dental license, loss of credentials, or any other negative outcomes, we can work quickly to mitigate the consequences of the allegations against you. We work to protect our clients’ licenses and credentials without formal proceedings whenever possible, and we provide skilled and insightful legal representation for hearings and appeals when necessary.

Dental Malpractice Claims

If you have been accused of dental malpractice, avoiding unnecessary consequences starts with ensuring that you have a clear and comprehensive understanding of all relevant principles. This includes (but is by no means limited to) the applicable standard of care. Not all dental mistakes rise to the level of malpractice; and, in our experience, patients routinely file claims when they have no grounds to do so.

With that said, dental malpractice can take many different forms; and, when facing allegations, it is essential to focus on the relevant facts and circumstances at hand. If we can help you disprove the allegations against you, we will. But, if necessary, we can also focus on negotiating a settlement that minimizes your (or your malpractice insurer’s) liability and avoids the risk of disciplinary action.

Business Matters

We also represent dentists and other professionals in business-related disputes. If you and your dental partners are no longer able to come to terms and you need new partnership agreements, you need help with employment agreements, if you are facing a contract dispute, or if you are facing any other business-related legal issue, we can help you make strategic decisions about your next steps. We can also work to secure a favorable resolution on your behalf, whether this means negotiating a settlement, pursuing mediation or arbitration, or asserting your claims or defenses in court.

Federal Healthcare Fraud Matters

A significant portion of our practice is devoted to representing dentists and other providers in the dental community in federal healthcare fraud matters. These matters present substantial risks—including the risks of criminal fines and federal imprisonment in many cases. Our experience includes successfully defending numerous clients against:

Anti-Kickback Statute Investigations

The federal Anti-Kickback Statute prohibits dentists, dental specialists, and other healthcare providers from paying for referrals out of federally reimbursed funds. It is extremely broad in scope, and it includes provisions for both civil and criminal enforcement.

But, despite its breadth, the Anti-Kickback Statute does not completely outlaw referral fees (and other forms of “remuneration”). There are several exceptions, and relying on an applicable exception can be an effective defense strategy in many cases. If you are facing scrutiny under the Anti-Kickback Statute, our lawyers for dentists can comprehensively examine the relevant transactions, formulate a custom-tailored defense strategy, and work to swiftly secure a favorable resolution that avoids formal charges.

Billing Fraud Investigations

We also have extensive experience representing dental practices and other healthcare practices in federal billing fraud investigations. This includes investigations under Medicaid and all other federal healthcare benefit programs. Similar to Anti-Kickback Statute investigations, billing fraud investigations can involve a wide range of specific allegations, and they can lead to both civil and criminal penalties.

Our lawyers and consultants are intimately familiar with the billing rules and restrictions under all federal healthcare benefit programs, and we rely on this familiarity to build and execute strategic defenses on behalf of our clients. We have achieved favorable resolutions for clients in investigations involving allegations including (but not limited to):

  • Billing for medically unnecessary services
  • Billing for services provided by unlicensed personnel
  • Double billing
  • Phantom billing
  • Upcoding and unbundling

In federal billing fraud cases, dental practices can face penalties on a per-claim basis. For those accused of systemic billing fraud, this can mean facing inordinate financial liability. While our first priority is always to help our clients avoid liability entirely, when necessary, we also focus on minimizing our clients’ liability and protecting their ability to practice.

DEA Investigations

Investigations conducted by the U.S. Drug Enforcement Administration (DEA) present substantial risks as well. If you are a DEA registrant, facing scrutiny from the DEA could lead to loss of registration, fines, and other penalties (including prison time in criminal cases). To minimize your risk and preserve your opportunity to secure a favorable resolution that avoids the publicity that comes with being formally charged, it is imperative that you speak with an experienced federal defense lawyer as soon as possible.

Other Legal Issues Affecting Your Practice

Along with the matters discussed above, our lawyers for dentists can also assist with any other legal issues that are affecting your practice. From insurance coverage disputes to allegations of sexual assault and other crimes, we handle all types of issues that dentists and other practitioners may encounter within the course of their practice. Regardless of the legal issue you are facing, a prompt and proactive approach will afford the greatest chance of securing a quick and quiet resolution; and, if you have any legal questions or concerns related to your dental practice, we invite you to contact us for a complimentary (and confidential) consultation.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs: Legal Issues Facing Dentists and Other Dental Practitioners

What Are Some of the Biggest Legal Risks Dentists Face in Their Practice?

Dentists face numerous legal risks on a daily basis. Some of the biggest risks include the risk of facing dental malpractice claims, the risk of facing billing fraud allegations, and the risk of facing scrutiny for other federal violations. These issues (among many others) can lead not only to disciplinary action and financial liability, but also to federal prison time in some cases.

How Can Dentists Manage Their Practice-Related Risks Effectively?

Effectively managing the risks associated with managing a dental practice involves taking a comprehensive and proactive approach to compliance. Dentists must ensure that they (and their personnel) have a clear understanding of their legal obligations, and they must maintain a strong commitment to compliance on an ongoing basis. In addition to providing defense representation, we also assist dental practices across the United States with developing and implementing effective compliance programs.

What Constitutes Dental Billing Fraud?

“Billing fraud” is a broad term that encompasses both intentional and unintentional billing violations. As a result, while intentionally double-billing multiple payors constitutes billing fraud, so does inadvertently entering the wrong billing code. With this in mind, dental practices need to prioritize billing compliance—and this involves not only implementing effective compliance policies and procedures, but also conducting periodic internal audits to monitor compliance on an ongoing basis.

Can Dentists Enter Into Paid Referral Relationships with Other Providers?

While dentists can enter into financial relationships with other providers, their ability to do so is limited by the federal Anti-Kickback Statute. When seeking to enter into a compensated referral relationship, it is critical to make sure that the relationship falls within one of the Anti-Kickback Statute’s safe harbors or exceptions. Failure to do so can lead to civil or criminal charges in the event of a federal investigation.

What Do I Need to Do if My Dental Practice is Facing a Federal Audit or Investigation?

If your dental practice is facing a federal audit or investigation, you should engage experienced defense counsel promptly. Federal healthcare audits and investigations present substantial risks. To protect your practice and your finances to the fullest extent possible, you will need to work closely with a team of experienced lawyers who can deal with the federal government effectively on your behalf.


Contact the Lawyers for Dentists at Oberheiden P.C.

If you would like to know more about our compliance and defense representation for dentists and other licensed dental practitioners, we invite you to get in touch with our law firm. To schedule a complimentary initial consultation with a lawyer for dentists at Oberheiden P.C., please call 888-680-1745 or request an appointment online today.

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