How Dental Practices Can Use Risk Management To Protect Themselves Against Legal Claims

Many activities require risk management such as in the financial sector when stock or currency trading takes place, but how often do you hear of risk management used within the dental industry? Dentistry might seem a world away from the stock market, however, that does not mean that a dentist nor a dental practice is not at risk, and in particular legal risk.

Unfortunately, the risk is ever-present that an action taken by yourself or someone within your dental practice could lead to a situation where an individual, normally a patient, sees fit to make a legal claim. The specifics of such a claim will differ but within the dental industry, they are most likely to relate to dental treatment not being deemed satisfactory by the patient.

Thankfully, such legal claims are extremely rare, and many dentists go through their entire careers without once being subject to one. Nevertheless, that does not mean that they were never at risk of one. Likewise, you or your dental practice could be at risk of a legal claim and what we wish to do in this article is to give you some simple risk management advice to avoid one.

First Step…Retain A Lawyer

Before we go into some specific strategies regarding risk management we cannot go further without recommending that you hire a good lawyer on a retainer. No matter how much risk management takes place, it cannot stop a determined patient, even if they are unjustified, from starting legal proceedings against you.

Starting a Business? Business Lawyers can Clarify Doubts

If you are in the process of launching your own business, you are likely to have your hands full with planning products and services, organising finance and networking with prospective clients. Seeking the services of commercial lawyers such as Rowe Bristol can help prepare or even prevent unpleasant surprises like lawsuits and infringement. As you work hard towards getting your business off the ground, the last thing you need is to have to shell out valuable dollars towards legal expenses which could have been avoided by being prepared beforehand. In other words, hiring the services of a business lawyer could be a proactive step towards protecting your business from loss of reputation and monies.

Firstly, a trained commercial lawyer can help answer queries and doubts about starting a business in Australia. In addition, he or she can also help you decide if your company should be a corporation or a LLC (Limited Liability Company). These questions regarding business setup and start-up can be daunting for many first-time entrepreneurs. When you are just starting out with your own business, every decision contributes towards making the business a success. For example, LLC and corporate structures are taxed in different ways. A lawyer will help you understand the unique features of each type of business structure and this way, you can choose the structure that corresponds to your unique business requirements.

Expert Legal Guidance For Starting your Own Business

The prospect of starting your own business is often an exhilarating one. However, it’s extremely important to keep yourself and your business safe from the crippling risks of litigation. Seasoned commercial lawyers can help minimise the risks of lawsuits and liabilities in several important ways. Legal problems and headaches in Australia can severely impact your business and affect the bottom line. While starting or running a business is an extremely rewarding experience, you will feel more confident with an expert lawyer looking out for you. It’s crucial to take proactive steps to prevent the occurrence of legal issues which can sap any business of life, reputation and profit.

Regardless of the size or nature of the business, there are some common legal issues that should be never be neglected. These issues usually occur in relation to:

  • The structure of the business: Each type of business structure is managed, handled and taxed differently. The choice of structure involves knowledge of different types of taxation policies etc and it pays to seek expert legal advice because as a new entrepreneur, you don’t wish to inadvertently put your foot on the wrong side of law.
  • Contracts and agreements: Lawyers can help prepare and create contracts that you need in order to legalise your professional relationship with employees, contractors etc. Employment contracts should clearly spell out terms and conditions, salary, benefits, termination clauses etc. Experienced lawyers can help create watertight, comprehensive contracts for your business.

Looking to File a Complaint against Breach of Contract?

Seek Competent Legal Expertise

Disputes between shareholders can often be highly complex and sensitive in nature. Knowledgeable lawyers that specialize in commercial  matters can help the parties resolve issues within the framework of Australian corporate law. Shareholders may find it particularly difficult to reach agreements regarding evaluation, finance and other related issues. A shareholder is an individual who owns stock in the company. Shareholder disputes often involve allegations of breach of fiduciary duty or fraud.

In simple words, fiduciary duties refer to fairness and loyalty in commercial practices. Directors and other employees of a company are expected by law to put the interests of the business first. Breach of fiduciary duty occurs when an individual acts against the best interests of the company or business or performs an action that is perceived as conflict of interest.

Nine Tips For Making A Watertight Business Agreement

Strong business agreements are extremely important, especially if you are in charge of creating them. There are many things that you can do to make it easier to draft an effective agreement, but one of the most important is to consult experienced commercial lawyers. Below are 9  top tips for creating a watertight business agreement:

  1. Talk to a professional

Again, the most important thing that you can do is talk to a professional commercial lawyer. They will make sure that you have all the legalities sorted out, which will protect you from problems in the future.

  1. Discuss the agreement with both parties

If you are in charge of drafting the business agreement, make sure that you talk to representatives from both (or all) parties involved. This will allow you to get an idea of their expectations, and will help you get started.