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Professional News Articles : : MAKING THE CASE by John Green, DDS, JD : A letter from a lawyer! What do I do?


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A letter from a lawyer! What do I do?


February 1, 2010

Perhaps there is nothing more anxiety producing for a dentist than getting a letter from an attorney or a subpoena for one of your patient’s records.

A dentist may think, “Oh, no. . . what have I done wrong?!” But don’t overreact to the situation.

First, read the letter/subpoena to see what it says. An attorney may be simply requesting records because you are a prior or subsequent treating dentist in a malpractice action against another dentist; or because you have treated his client (known as the plaintiff in legal cases) in a personal injury case, such as an auto accident.  

After you let out a big sigh of relief, you must make sure there is a signed release from the patient before sending any records. In the case of a subpoena issued by the court and signed by a judge or the court clerk, no release is required.


If the letter/subpoena makes it clear that you are the target defendant, then you must contact your insurance carrier or an attorney immediately. Resist the temptation to call the lawyer to tell your side of the story in hopes that the case will be dropped. Not only won’t it work, but you may say something incriminating. Along those same lines, don’t write, call or e-mail the patient to ask why he hired an attorney.

Also, keep in mind that just because your records are requested does not automatically mean you will be sued. A patient’s attorney typically sends your records for review to another dentist who offers his or her opinion about whether there is sufficient evidence to proceed with a lawsuit.


By Illinois law, you have 30 days to comply with the records request. Do not alter or add to the records. Do not send original records or X-rays. . . ever! I can’t tell you how many times a dentist who I have represented (but before I have gotten retained) has turned over the originals to the attorney. You’d be surprised how that exculpatory X-ray of a root canal sometimes ends up “missing.”

Here is a checklist of what you should do after receipt of a letter from an attorney or a subpoena asking for records:

• If you are the target, call your insurance company/broker or an attorney immediately.
• With a signed release from the patient or a subpoena, you have 30 days to comply.
• Don’t alter or add to the records.
• Send copies, never originals. By statute, you are allowed to charge for duplication of records as follows: 75 cents per page for the first through the 25th page, then 50 cents per page from the 26th page through the 50th page and 25 cents per page after page 50. For electronic records, a dentist can charge 75 cents per CD-ROM or DVD. As for X-rays, one may charge the “reasonable cost” to reproduce. Additionally, no more than $20 “handling fee” may be charged for processing the request and that includes postage.
• Do not contact the attorney or patient about the request or about any treatment that may be at issue.

Armed with this information, a dentist should be a little more comfortable in knowing what to do if she or he gets a letter from an attorney or a subpoena for patient records.


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John M. Green, DDS, JD, is a practicing dentist and defense attorney who has been representing dentists and dental specialists for 17 years. Contact Dr. Green at 312.676.5980 or  jgreen@greenlawoffice.net. Find more information on Dr. Green at www.greenlawoffice.net.

Send suggestions for topics to be covered, or any comments on this column, to review@cds.org.


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