introduction C D A J O U R N A L , V O L 4 9 , Nº 2
The Business of Dentistry Arthur W. Curley, JD
GUEST EDITOR Arthur W. Curley, JD, is a senior trial attorney in the California health care defense firm of Bradley, Curley, Barrabee & Kowalski PC. He is an assistant professor of dental jurisprudence at the University of the Pacific, Arthur A. Dugoni School of Dentistry in San Francisco and an adjunct faculty professor at the University of California, San Francisco. Mr. Curley has published several articles on risk management and authored chapters in numerous textbooks on oral surgery, endodontics and periodontics. Conflict of Interest Disclosure: None reported.
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ost dentists who own their own practice are in fact engaged in many roles within their business of dentistry. They are the chief executive officer of their corporation, the human resources manager, the chief financial officer, the head of production, the regulatory compliance officer, the quality control and assurance manager, the chief operations officer, the head of sales and marketing and the primary source of labor for compensation. As such, the dentist is subject to various laws, regulations and guidelines for each of those jobs or roles in addition to the dental care obligations under the Dental Practice Act and the Code of Ethics. Understanding, planning and preparing for the obligations, regulations and guidelines of the business of dentistry is essential to success. Naiveté or ignorance as to the business of dentistry can result in conflicts, disputes, regulatory fines or penalties and, too often, costly litigation. The business of dentistry begins on the day the student graduates from dental school, continues as they transition to active dental practice and ends with retirement. There are critical business issues that must be considered along the way as the business begins, grows and then transitions toward retirement. In this issue of the Journal, four extensively trained and experienced authors discuss these issues and provide background and understanding as well as tips for business dispute avoidance. Steve Barrabee, JD, adjunct faculty at the Arthur A. Dugoni School of Dentistry
and an attorney who has represented dentists in business matters for 35 years, is the author of “Pathway to Your Dental Future, Road Map for Purchase of Your Dental Practice.” Michael Kowalski, DDS, JD, a dentist and an attorney, reviews the law in “The Law of Associate Agreements: Negotiating Around Pitfalls While Preserving Benefits.” Mark Gibson, JD, an attorney and barrister, provides background and guidance on the issues surrounding the explosion of discrimination claims and Americans with Disabilities Act lawsuits against dentists in “Avoiding ‘Drive-By’ and ‘Click-By’ ADA Lawsuits.” Peter Finn, JD, having represented numerous dentists involving intellectual property disputes, reviews the evolving area of social media and marketing, along with associated litigation and regulations in “What To Do About That Negative Online Review.” For over 45 years, I have had the opportunity to interact and defend dentists who have come face to face with the challenges discussed in this issue. One certainty I have come away with is that the well-informed dentist who prepares for the challenges of the business of dentistry more often than not avoids litigation and has a practice that prospers without the distractions of legal claims. In other words, that ounce of prevention is more valuable than that pound of cure. n (Note: In this issue, we do not cover employment law or dental board regulations, as those areas of law have been covered in other editions.)
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