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Legal Representation in the Peer Review Process

Members of the Michigan Dental Association agree to participate in the peer review process. Peer review complaints are not limited to complaints by patients. Peer review complaints can also be initiated by other member dentists.

It is not necessary to retain an attorney to defend a peer review complaint, but attorney involvement in the peer review process can benefit the member dentist. A dentist that desires to retain an attorney to defend a peer review complaint can retain an attorney directly. Additionally, a dentist's professional liability insurance coverage may provide insurance coverage and legal defense to peer review complaints. Dentists desiring an attorney to participate in the peer review process should check with their professional liability insurance carrier to see if a legal defense is paid for under the terms of their policy.

Many member dentists also believe that they can avoid the peer review process by withdrawing from MDA membership after a peer review complaint is initiated. Once a peer review case is opened, the review will continue, irrespective of whether or not the member dentist participates in the process. Even if a dentist withdraws from membership, the member dentist remains obligated to comply with the Committee's decision, under the governing MDA rules. Additionally, should a withdrawing member decide to reapply for membership to the MDA in the future, the findings of the Peer Review Committee and Ethics Committee will be strongly considered during the reapplication process.

If you have questions regarding the peer review process, please contact attorney Andrew J. Paluda for a consultation.