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Production pressure, questionable diagnoses, and a request to document what the plan wants to see

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Production pressure, questionable diagnoses, and a request to document what the plan wants to see

Dr. N is three months into an associateship at a practice owned by a management company. At her monthly review, the regional manager tells her that her production is 40% below the office average and that "the doctor before you diagnosed two or three crowns a week on teeth like these." He points to three patients on today's schedule: a 19-year-old with shallow occlusal staining and no radiographic caries; a 62-year-old with a 15-year-old amalgam on #30 showing slight marginal ditching, no symptoms, and a normal pulp; and a patient whose plan pays 50% for crowns only with "radiographic evidence of fracture." The manager suggests she "document what the plan needs to see." She has a 90-day probation clause in her contract.

1. Evaluate each of the three patients on the merits. What would you actually recommend for each?

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Take them one at a time; the manager's framing blurs them together.

  • 19-year-old with occlusal staining, no caries: this is a prevention case. Sealants or monitoring with fluoride and diet counseling, not restorations. Staining in a pit or fissure is not a diagnosis of caries; the burden is on the finding. Over-treatment here is permanent - every restoration commits that tooth to a lifetime of replacement.
  • 62-year-old with a 15-year-old amalgam and slight ditching, asymptomatic, normal pulp: a marginal ditch without caries, symptoms, or fracture is a watch item. Options are monitoring with radiographs and a bur to explore if you suspect caries, or a repair rather than a full replacement. Nothing here meets the threshold for a crown.
  • Crown-and-insurance patient: the phrase "document what the plan needs to see" is a request to create a finding. You document what is there. If you clinically suspect a fracture (pain on release, a wedging test, a stained crack line), you record those tests and your interpretation. If it is not there, no radiograph or note can legitimately make it there.

The common thread: each recommendation should be one you would make if the patient paid cash and no one was watching the production report.

2. What are the professional and legal issues in the manager's suggestion, and how should Dr. N respond to him?

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Issues

  • Documenting findings to satisfy a payer is insurance fraud; a chart entry that does not reflect the clinical reality misrepresents to a third party who relies on it.
  • Over-diagnosis violates the duty to act in the patient's interest and exposes her to board complaints, malpractice claims, and licensure action - the risk sits with the licensee, not the manager.
  • A non-dentist directing clinical diagnosis raises the corporate-practice-of-dentistry question in many jurisdictions; clinical judgment cannot be delegated to management.
  • Her probation clause has no bearing on her licensure obligations. A contract cannot authorize what the board prohibits.

Response

  • Keep it short, neutral, and in writing: what she is willing to do (document thoroughly, present all reasonable options, discuss elective treatment honestly) and what she will not do (create or alter findings).
  • Ask for the practice's written diagnostic and documentation policy.
  • Chart her own clinical findings contemporaneously, in her own words, including the negative findings.
  • Do not negotiate patient care in a group meeting; take the conversation private and put the follow-up in writing.

This protects the patients first and her second, and both matter.

3. The owner tells her the policy stands and her contract will not be renewed. What are her realistic options, and what should she have in hand before she leaves?

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Her options, in order of what she should control:

  1. Secure her position first. She is an associate at will in most arrangements; begin looking. Financial dependence is what makes these situations feel unexitable.
  2. Preserve evidence now, before access ends. Copies of her own clinical notes, treatment plans, and any written communications with management about diagnostic pressure. She may take her own records of her own care; she should not take the practice's proprietary material wholesale, and she should check her contract and state law first.
  3. Do not alter or "clean up" charts on the way out. Any change to a record after a dispute invites an inference of spoliation.
  4. Report if warranted. State dental board complaint, and in the US a payer-fraud concern can go to the plan or to HHS-OIG. Reporting is not retaliation; it is a professional obligation when patients are being billed for findings that do not exist.
  5. Notify her malpractice carrier if any of those patients were billed under her name, and seek an employment attorney's read on the contract and any non-disparagement or non-disclosure terms.

The judgment: the probation clause is a financial threat, not an ethical one. The ethical answer is already fixed; the remaining work is damage control and exit planning.