Overview
Our team of experienced attorneys address the legal matters facing dentists and those in the dental specialty arena, so that they can focus on what they do best - without the pain or stress of worry.
The dental liability practice group of Reminger is composed of more than a dozen attorneys, combining extensive experience and expertise in the defense of dentists, including all of the recognized dental specialties. Collectively, we have defended over 1,000 dental malpractice cases throughout Ohio, Indiana, and Kentucky.
We have significant experience in the representation of dentists before state licensing boards and agencies.
In conjunction with our business lawyers, we have significant experience in assisting dentists with various aspects of practice management including employment issues, transactional issues involving the sale or purchase of a practice, and questions relating to corporate structure.
Our attorneys are frequent speakers at risk management seminars for dentists sponsored by professional liability insurers, professional organizations, and local study clubs. We serve on the active faculty of the Case Western Reserve School of Dentistry, where we provide an introduction to the law and risk management practices for dental students and other faculty members. Our attorneys also regularly contribute to literature on risk management for dentists; our contributions range from periodic reports to our clients on particular issues to comprehensive book chapters on risk management published in textbooks on implant dentistry.
We have a deep appreciation for the fact that a claim against any professional can be stressful and carry significant long term consequences. Therefore, we evaluate our cases in the early stages of litigation in order to develop a thoughtful defense strategy and successful case resolution.
Our Service and Philosophy of Case Handling
Our group distinguishes itself from our competition in the following basic ways:
- Expertise. Through the individual and collective experience of our practice group attorneys, we bring to the table a vast amount of expertise in the handling of dental malpractice cases. Our attorneys are familiar with the involved anatomy and can quickly identify the dental/legal issues once presented with the pertinent facts.
- Dedicated Client Service. Our practice protocol requires our attorneys to contact the insured professional immediately upon receipt of a new assignment and to meet with the new client as soon as practical following receipt of the assignment. Within twenty-one days, we will provide an initial analytical report along with comprehensive recommendations for further handling.
- Philosophy of Practice. Reminger's dental liability attorneys are trial lawyers, rather than 'litigators'. Once we collaborate with the client on a decision or objective on a case, we become proactive in resolving the matter in the least amount of time and at the least amount of expense. Similarly, if the decision is made that the case should be defended through trial, our attorneys will prepare the case for trial in a dedicated and consistent manner; we will not change the course at the eleventh hour in order to 'avoid the courtroom'.
- Good Value. Our firm is a pioneer in 'alternative fee' arrangements with clients. If a client chooses to be charged by the hour, our rate is simple and straightforward. Our net rate is inclusive of all in-house, out-of-pocket expenses. Thus, there are no extra charges for such things as long distance telephone, mailings, mileage, computer usage research charges, fax, copies, etc.
- Value Added Components. Our dental liability group members are available for complimentary consultation with both insureds and claim representatives for input on the handling of risk management issues and/or claims which have not reached the litigation stage. Additionally, our attorneys will make themselves available on a complimentary basis to speak with insurance professionals and/or dental professionals about risk management issues.
Representative Clients
Arch Insurance Company, CNA Insurance Company, Cincinnati Insurance Company, Dentist’s Advantage Insurance Company, Fortress Insurance Company, OMS National Insurance Company, Professional Solutions Liability Insurance Company, The Doctors Company, The Medical Protective Company, Hudson Insurance, Berkley Select, American Association of Orthodontists Insurance Company (AAOIC), Aspen Specialty, Brown & Brown/B&B Protector Plans.
Results
- Apr 29, 2024, Dismissed with prejudicePerry Township of Marion County, Indiana
Defended dentist office against claims that they created substandard dentures.
- Apr 26, 2024, Motion To DismissMarion County – Wayne Township Small Claims Court
Plaintiff filed a dental malpractice action on behalf of her daughter. A bench trial was conducted, which resulted in judgment for the defense. Plaintiff appealed as a matter of right, and the appeal was dismissed with prejudice due to the Plaintiff’s flagrant non-compliance with appellate rules and procedure.
- Jan 16, 2024, Defense Verdict/Motion for Directed Verdict GrantedFulton County Superior Court
Plaintiff filed a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to dental work performed on their son. During trial, at the close of Plaintiff’s case, Nick moved for a directed verdict based on the Plaintiff’s failure to provide any expert testimony that Defendants treatment fell below the standard of care. The Court denied the motion, and Nick tried the remainder of the case. At the conclusion of trial, Nick renewed his Motion, and after taking the matter under advisement for nearly two months, the Court ultimately granted judgment in favor of the Defendants.
- May 23, 2023, Defense VerdictPorter County, IN
Obtained a defense verdict in a small claims action for dental malpractice against a dental group and dentist for alleged substandard treatment related to making and fitting of dentures.
- Apr 6, 2023, Summary Judgment AffirmedIndiana Supreme Court
This matter involves a dental malpractice claim against a periodontist, in which the Plaintiff alleges that she experienced symptoms that included sleeplessness, nerve pain, mental confusion, dizziness, etc. as a result of the periodontist’s decision to prescribe Levaquin as a prophylactic antibiotic prior to the Plaintiff’s dental implant procedure. Plaintiff alleged that the Periodontist breached the standard of care by prescribing Levaquin, by failing to provide Plaintiff with informed consent as to the risks of this antibiotic, and by delaying in issuing a stop-use instruction to Plaintiff. Following a unanimous Medical Review Panel opinion in favor of the Periodontist, the Plaintiff filed a lawsuit. We then filed a Motion for Summary Judgment, which the trial court granted on the basis that the expert witnesses designated by Plaintiff, which consisted of two physicians and a dentist, were not qualified to opine on the standard of care as required under Indiana law. Furthermore, the fact that Plaintiff admittedly read all risks regarding the antibiotic before she took the medication only further negated the informed consent claim. The Court of Appeals affirmed.
- Oct 31, 2022, Summary Judgment AffirmedIndiana Court of Appeals
Summary judgment affirmed in favor of our periodontist client in dental malpractice claim.
- Oct 5, 2022, Summary JudgmentVanderburgh Superior Court, Indiana
Summary Judgment for Dental Practice based on the failure to timely file the complaint.
- Oct 30, 2018Steuben County, IN
Trial defense of claims of dental malpractice
- Mar 30, 2018Cuyahoga
Defense of dental malpractice claim against prosthodontist alleging chronic pain from implants and ill-fitting overdentures.
- Jan 30, 2018, Judgment for DefendantHamilton
Defense of dental malpractice claim resulting from a tooth extraction.
- Nov 18, 2016, Plaintiff VerdictMonroe County
Dental malpractice case alleging a dislocated jaw during tooth extractions
- Oct 13, 2016Franklin
Defense of dental malpractice
- Oct 2016Franklin
Defense of dental malpractice claim alleging osteomyelitis from infected implant.
- Apr 14, 2016Allen
Defense of catastrophic dental malpractice case resulting in trigeminal neuralgia
- Feb 16, 2016, Motion to Dismiss GrantedMahoning
Defense of dental malpractice claim
- Aug 20, 2015Mahoning
Defense of dental malpractice claim
- Mar 20, 2015Lucas
Defense of dental malpractice claim
- Feb 13, 2015Hamilton Cty., IN
Arbitration defense of dental liability.
- Dec 9, 2011Cuyahoga
Defense of dental malpractice claim
- Oct 28, 2011Cuyahoga
Defense of maxillofacial surgical malpractice case.
- Oct 28, 2011Cuyahoga
Defense verdict in favor of oral and maxillofacial surgeon involving infection and osteomyelitis following routine extractions.
- May 9, 2011Hamilton
Arbitration defense of dental malpractice claim
- Mar 10, 2011Franklin
Defense of catastrophic and wrongful death medical malpractice claim
- Jan 21, 2011Cuyahoga
Defense of dental malpractice claim involving alleged development of malocclusion and TMJ following cosmetic restoration.
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Main Contacts
- Co-ChairColumbus
- Co-ChairIndianapolis
- Cleveland
- Youngstown
- Louisville
- Cleveland
- Cincinnati
All Practice Group Attorneys
- Robert Kish
- Ronald A. Mingus
- Richard J. Rymond
- Kelly Johns
- Robert A. Ott
- Joseph T. Palcko
- Rick L. Weil
- Brooke M. Behrens
- Shannon K. Bockelman
- Nicholas G. Brunette
- Brett Clayton
- Brian T. Gannon
- Timothy B. George, Jr.
- Trenton W. Gill
- Andrew Jamison
- Jennifer J. Jandes
- David Krause
- Frank Mazgaj Jr.
- Daniel Rafferty
- Holly A. Reedy
- M. Tyler Reynolds
- Matthew L. Schrader