HOW PEER REVIEW WORKS

The Peer Review program is designed to help FDA member dentists avoid costly legal fees, malpractice suits and BOD complaints by using this free service, exclusively for members. Learn more at FloridaDental.org/PeerReview or contact FDA Peer Review Coordinator Lywanda Tucker at 850.350.7143 or ltucker@floridadental.org.

Patient calls the Florida Dental Association with a concern.

FDA staff determine if the situation falls under the duties of peer review and can start the paperwork.

FDA staff tries to resolve situation. If unsuccessful, the case is sent to the peer review chair (volunteer dentist) in the area near the patient.

The peer review chair calls the patient to discuss the issue.

The peer review chair then calls the dentist to discuss the issue and see if the dentist is willing to settle by refunding all or some of the fee.

If not in agreement, the chair convenes a peer review panel and collects information from the dentist who treated the patient.

If there is an agreement, the peer review chair negotiates a settlement to which the patient and dentist both agree.

The FDA notifies the patient of the proceeding’s outcome.

Section 466.022(1), Florida Statutes, states (among other things) that “a professional organization or association of dentists which sponsors, sanctions, or otherwise operates or participates in peer review activities is hereby afforded the same privileges and immunities afforded to any member of a duly constituted medical review committee by s. 766.101(3).” Section 766.101(3)(a), Florida Statutes, provides that “[t]here shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed medical review committee, or any health care provider furnishing any information, including information concerning the prescribing of substances listed in s. 893.03(2), to such committee, or any person, including any person acting as a witness, incident reporter to, or investigator for, a medical review committee, for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member or health care provider acts without intentional fraud.” These statutory protections are intended to encourage good faith participation in the peer review process without fear of liability.

However, it is important to remember that records generated in the peer review process may be subject to disclosure in response to a subpoena or other legal process, and the original records (patient’s chart and dental records) and underlying facts of a matter submitted to peer review are almost always discoverable.