Palter Sims Martinez PLLC

  • Home
  • Firm Profile
  • Professionals
    • John T. Palter
    • Kimberly Sims
    • Nathaniel Martinez
    • Jerry L. Carlton
    • Greg Eyster
    • Joshua Minton
    • Kathy Palter
    • Our Team
      • Katie Burkhart
      • Amy Rodriquez
  • Litigation
    • Commercial Litigation and Arbitration
    • Intellectual Property
    • Employment
    • Real Estate + Construction
    • Securities Litigation + Shareholder Oppression
    • Accounting + Business Dissolution + Valuation
    • Bankruptcy + Creditors’ Rights
    • Estates + Trusts + Probate
    • Landlord-Tenant Disputes
    • Oil + Gas
    • Appellate
  • Business Ventures
    • Business Structuring + Entrepreneurs
    • Corporate + Employment + Commercial Contracts
    • Foundations + Non-Profits
    • Entity Structuring + Formation
  • Mediation
    • Mediation Scheduling and Policies – Kathy Palter
    • About Kathy Palter
  • Multifamily Property Management
  • News/Blog
  • Contact Us
  • Pay Now

An Ex-Employee has filed a Dubious Claim with Your Professional Board. Now What?

July 18, 2016 by Art Young

Every medical professional must meet strict criteria for patient care. If there is an allegation of substandard care – whether it proves to be true or false – a board, composed of unbiased and knowledgeable professionals is charged with investigating the actions of the responsible practitioner.  In the case of dentists and orthodontists in Texas, that board is the State Board of Dental Examiners.

The challenging job of investigating substandard medical care is made more difficult for this board when the claim originates from a disgruntled ex-employee because it may not be valid. When this situation occurs, a dental practice owner must make a business decision about retaining legal representation for these administrative proceedings.

Nathanial Martinez, of the Dallas-based law firm of Palter Stokley Sims PLLC, specializes in representing dentists and orthodontists in cases before the State Board of Dental Examiners. As such, he has valuable insights about navigating this often frustrating process.

An Attempt at Retaliation

“In most cases, false accusations made by an employee to a professional board are an attempt at retaliation by the employee as a result of some adverse action taken by the employer,” Martinez noted.  “In the case of a dental practice, this may occur if the managing dentist puts the employee on probation, penalizes them in some other way, or terminates the employee.

“In some cases this report to the professional board can result from a personal affront – either real or imagined – to the employee by the practice owner. However, in most cases, this situation will occur when the employee has been fired and they are unhappy with this termination.”

What to do Before the Claim is Filed

“An owner of a practice must take every claim seriously and conduct a thorough investigation of the claim, even if the owner believes them to be false,” he said. “It is important for dentists to keep detailed records of every patient they see, in accordance with the generally accepted procedures for patient care in their profession.  For dentists and orthodontists, there are standards for maintaining patient records and they must ensure that they are honoring those standards in everything they do.

“If an employee leaves, the practice owner should send a letter to the employee reminding them of their obligation to keep patient records confidential. It is important for the owner of the practice to keep thorough records on every patient they see and the recommendations which are made. It is also important for all staff to be trained appropriately and aware of the standards of care.

“Basically, before any claim is brought to the professional board, the owner of the practice must be able to show and demonstrate clearly that the claim is false,” Martinez said.

Legal Steps to Take

“In the context of the (Texas) State Board of Dental Examiners, when this board receives a complaint they must take it seriously,” Martinez said. “They are required to investigate every claim made.

“When a dentist or orthodontist receives notification of a claim, it is important for them to retain an attorney who should then reach out to the board and immediately advise the board of this representation. I recommend they retain an attorney who has experience in navigating the various procedures of the professional board, because this will allow the practice owner to stay focused on their business. Retaining an attorney will also ensure a timely response to any inquiries by the board. You would be surprised  at how many deadlines a busy dentist might miss simply because he or she has too much on their plate,” he said.

“It’s important to remember that the actions of board are not inherently adversarial. It may ‘feel’ that way because the dentist may be responding to a false complaint which is being filed by a former employee. Unlike a lawsuit, where all parties examine the complaint and charges, complaints filed with a professional board are not typically examined by the practice owner. The professional board is very cautious about the information it discloses to the parties involved with the claim. The objective of the board is to determine whether the standards of care have been met.

“The board is just doing its job,” Martinez noted. “It is conducting an investigation of an allegation. The practice owner must attempt to avoid being defensive, which will go a long way towards getting his name cleared, especially if it is a false claim. If the documentation has been correctly done, the dentist can quickly prove that the claim is false.”

Procedures of a Professional Board are Different

“The procedures of a medical professional board are very different from that of a lawsuit,” Martinez said. “These are all administrative, are governed by the rules of the state board and have their own policies and procedures on how these claims are investigated. These proceedings are all public, but the information received from the dentist is completely confidential because this is patient information.

“It’s important to retain an attorney for this appearance before the board for several reasons. The practice owner needs an attorney who is experienced in dealing with the board and the investigators for the board. These investigators are going to be the ‘eyes and ears’ of the practice owners as the claim moves through the system. This is somewhat of a long process and keeping up with this can be onerous for the dentist. By hiring an experienced attorney, the dentist can continue to focus on his or her business while this process continues.

Criteria for Choosing an Attorney

“There are attorneys, myself included, who specialize in this type of work,” Martinez noted. “We enjoy dealing with administrative boards and this is the type of attorney a practice owner should retain.

“The criteria for choosing an attorney should include someone who has had experience in managing these types of cases before dental or other professional boards. It’s important to remember, the investigators for the board are typically long-term employees, and an attorney with an existing business relationship and professional rapport with them can speed the process along.

“Another important consideration in choosing an attorney for this specialized proceeding is to find a lawyer who will not be confrontational or adversarial with the board. In this type of situation, where the board is just trying conduct an investigation, having an attorney who is cooperative with the board – someone who is doing everything he can do to help discover the facts – will go a long way towards debunking a false claim.

“I can’t stress this enough: the professional board and its investigators are not the ‘bad guys,’” Martinez concluded. “They are just trying to investigate a claim. While the practice owner may feel that this claim made by a former employee is distracting and frankly untrue, he or she still has an obligation to respond and cooperate with the investigation to the best of their ability.”

This information is not intended as legal advice. If your dental practice has been notified of a claim filed by a former employee before the State Board of Dental Examiners and you are considering retention of legal representation, contact us for more information.

Filed Under: News/Press Tagged With: Attorney at Law, Dental practices, False claims from ex-employees, Legal representation before professional boards, Nathanial Martinez, Orthodontists, Palter Stokley Sims PLLC, Strategies for dealing with professional boards, Texas State Board of Dental Examiners

The Three Most Important Words for Oil and Gas Deal Makers: We Just Closed.

May 12, 2016 by Art Young

The headline on the front page of the May 11, 2016, Wall Street Journal suggests a cautionary tale for deal makers in all areas of the oil and gas industry: Oil Bust Squeezes Deal-Maker. It’s a story of “buyer’s remorse” on a $33 billion dollar purchase.

According the article, Energy Transfer Equity, LP, a Dallas company led by well-known oil man Kelcy Warren, is “scrambling to restructure or escape”

Trans_Canada_Keystone_Oil_Pipeline

Trans Canada Keystone Oil Pipeline. Author: shannonpatrick17 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

an agreement to acquire Williams Cos., a pipeline company based in Tulsa. This deal was announced seven months ago and the well-chronicled volatility in the price of oil and gas apparently made the deal economically challenging, which led to finger-pointing on both sides and a lawsuit filed in Delaware.

There are billions of dollars at stake in this “deal-gone-south”, which can provide lessons for independent and private equity backed operators doing deals in these chaotic times for the oil business.

Time Kills Deals

_Stokley 2

Dallas-based attorney, Craig Stokley, a founding member of the firm Palter Stokley Sims PLLC, who specializes in oil and gas litigation and transactional issues, thinks these types of situations can be avoided for smaller independent and private equity operators in the oil field.  How? A close connection between those performing due diligence and those striking the deal on behalf of the two parties. Not only is it important that the parties strike a deal they are pleased with, it is equally important that both sides understand the deal  the same way– on paper and in their minds.

“Time kills deals,” Stokley added. “If an operator is acquiring an asset, whether it involves billions or thousands of dollars, an increasing length of time between striking the deal and closing exponentially increases the chances of the deal ‘blowing up’.

“In these volatile times, it is critical to make sure the detailed due diligence is effectively and timely summed up for the deal makers so that the deal they strike can match reality on the ground.”

Stokley noted that in any acquisition of oil and gas assets, there are:

  • Leases
  • Joint Operating Agreements
  • Historical joint interest billing statements
  • Byproduct (i.e. produced water) from production and the costs associated with transportation and disposal of this byproduct
  • Equipment, personal property, fixtures, and improvements such as pumping units, pipelines, gathering systems, salt water disposal wells, water wells, tanks, compression equipment, etc.
  • Pooling Agreements, hauling agreements, and other master service agreements that may or may not be assignable
  • Oil and gas marketing commitments
  • Title Opinions

“With all of these variables, it is very important that legal counsel and deal makers understand what is important when structuring their deal,” he added.

Avoiding the Courthouse is Good Business

Dallas_County_Courthouse_-_Old_Red

By Leaflet (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

All of the attorneys at Palter Stokley Sims, and Craig Stokley in particular, are readily prepared to litigate issues when deals and business relationships go bad. That is their “bread and butter.”  In order to help clients avoid such disputes, Palter Stokley Sims places a premium on due diligence and getting to know the client’s goals. This allows the firm to help its oil and gas clients to invest in opportunities which yield a better return on investment. This puts Stokley’s clients in a better position than their competitors by saving valuable time and resources when compared to the typical independent or private-equity private- equity backed operator whose structure does not justify a full-time in-house counsel.

“Non-refundable deposit payments, with a liquidated damages provision, will enable all parties to avoid a court proceeding seeking specific performance,” Stokley said. “Such lawsuits, similar to the one between Energy Transfer and William’s can paralyze an operator and cause them to miss out on future opportunities, while trying to sort out the specific performance issues in protracted litigation. While some parties may insist upon specific performance, if the deposit payment is high enough, they will almost always agree to a liquidated damages provision.”

Stokley cautions that the excitement of “getting a deal done” can often obscure reality.

“In the end, you want a knowledgeable person negotiating the deal who understands the due diligence of the asset so the negotiations reflect reality,” noted Craig Stokley.  “This can be accomplished with a ‘get to know the clients’ business’ approach by counsel who works closely with the deal makers at the table when the deal is struck. Knowing my clients’ business is what I strive to achieve.”

While the size of the mega-deals such as the Energy Transfer purchase of Williams pipeline are rare, they provide cautionary lessons for smaller outfits in the energy business.   If you are in the energy business and either desire knowledgeable, timely counsel for your deal making, or find yourself in need or a trusted, experienced litigator, the attorneys at Palter Stokley Sims are available to consult with you. Just click here for more information.

Filed Under: News/Press Tagged With: Attorney at Law, Craig Stokley, Due diligence in oil and gas acquisitions, Energy Transfer Equity lawsuit, Independent operators, Master Service Agreement, Oil and Gas Deals, Palter Stokley Sims, Purchase and Sale Agreement, Wall Street Journal, Williams Cos. Pipeline

Recent News

  • Remembering John Palter April 6, 2022
  • PalterLaw announces new Member Greg Eyster January 13, 2022
  • Sims featured at Apartment Association Legal Summit on August 26-27, 2021 July 14, 2021
  • Texas Legislature mends the LLC loophole in attorneys’ fees statute June 25, 2021
  • Martinez recognized as a warrior in the “Wild Wild West” world of contractor litigation March 15, 2021
Palter Sims Martinez PLLC
15443 Knoll Trail Dr., Suite 100
Dallas, TX 75248
Telephone: (214) 888-3106
Fax: (214) 888-3109
©2022 Palter Sims Martinez PLLC. All rights reserved.