Cliff's Notes

The Business of Dentistry

Your Product Liabilities

Cliff’s Notes for February 21, 2010

Cliff Marsh, Henry Schein ……Cell: 201-321-7494……Fax: 201-262-2210…..E-mail

“Live so that when your children think of fairness & integrity, they think of you”
H. Jackson Brown, Jr.

In This week’s Issue
• Defense Wins Games – Are You Exposing Your Patients & Your Liabilities?
• Dentrix / EZ Dental Users Group, Software is the Heart of your Practice!
• MI Paste / Saliva-Check – Follow the link!

Are You Exposing Your Patients & Your Liabilities?……………………………………………………….
Did you know that on June 20, 2005, the Scottish Executive Health Department in cooperation with DENTSPLY international notified the public of a possible health issue. The following is part of the notice. You can follow the link to view it in its entirety.

NOTE: This action was in 2005. There are no current public announcements regarding the US market & DENTSPLY products. This situation is being used as an example of liability & risk and what you need to be aware of regarding the national healthcare authorized distribution network and how it affects your business.

By arrangement with the Scottish Executive Health Department
Counterfeit DENTSPLY Spectrum TPH dental filling material compules have been illegally placed on the UK market. Advice is provided.
1. Counterfeit DENTSPLY Spectrum TPH compules have been illegally placed on the UK market. The counterfeit compules were imported through a ‘grey market’ and not through official DENTSPLY channels. The inferior quality and construction of the counterfeit compules has led to premature curing of the composite filling material and fracture of the compule.

Follow this link to view the entire notice:

Click to access PSAN0528.pdf

Counterfeit product is not a new issue, we’ve been hearing about it for years. We all support the grey market every day, whether it be counterfeit or un-authorized distribution. Did you ever walk into a Dollar Shop? Check out the name brand shampoo, and tell me if the directions are in English? Hey, sometimes Dollar Shop product is from overstocks or liquidations, but quite often it is imported through the grey market. Would you buy it? Sure, why not? A big bottle of Prell Shampoo for a buck, that’s a deal. There is nothing illegal about any part of the transaction. It’s not black market, its grey. In most cases, the products are purchased legally and all taxes collected and paid. However, it’s only shampoo and it is for your personal use. You are not putting it into someone’s body and taking the responsibility for the products performance.

As a business owner, your liabilities extend much further than just the products you use. You have a business that services the public. Everything in your facility, including staff, affect your “defensive posture”. When you hire a plumber, do you ask for his license and proof of liability insurance? What about the electrician? What happens if the x-ray falls off the wall or the bur breaks and hits someone in the eye? What about allergic reactions to materials? Hey, it happens.

Many years ago, a doc sat down on his 12 year old stool, and it broke. He fell and hit his head on the base cabinet. When contacted by his attorney seeking damages, we forwarded the complaint to the manufacturer. We were authorized distributors and the manufacturer’s liability coverage kicked in. We were told “no problem, it will be taken care of”, and it was. We never heard about it again.

Now, how would that type of situation effect your organization? If the x-ray that fell and hurt the patient, the lawyers go after the manufacturer, the seller, the installer and you. If the seller/installer are authorized by the manufacturer, all you have to do is worry about your patient. If the seller/installer is not recognized through an authorized distribution network, the manufacture will tell you that they will handle their issue, but “sorry doc, you’re on your own”. Now your attorney, who is charging you $250.00/hr, will have to rely on the seller/installer’s liability insurance. But you checked on your installer’s insurance before you bought the unit, didn’t you? So it shouldn’t be a problem. I am as guilty of these missteps as everyone else. I can’t remember ever asking for a certificate of liability insurance from my plumber. But it’s my personal life and I take responsibility for myself. When I ran a business, they were on file.

What is the solution? When running a business with public exposure, do business with authorized distributors, there are enough available. Authorized distribution channels are critical for quality control. Did you know that Henry Schein will not sell a product unless the manufacturer provides proof of coverage? If we have a product on the shelf and the certificate expires, we suspend sales until it is up-dated. Authorized distributors, whoever they may be, are backed by all the product liability insurance you will ever need. If you ever have any questions about an authorized distributer I suggest you contact the manufacture directly to learn about their network & policies.

For more information or advice on this topic, I recommend you consult with your legal and insurance advisors.

Dentrix / EZ Dental Users Group…………………………………………………………………
On March 26th there will be a software users group for Dentrix & EZ Dental users. This is an exclusive educational session for Cliff’s Notes Only. The session will start with breakfast @ 8:30 AM and conclude by 11:00 AM. The cost is $70.00 for an attendee and guest ($35.00 ea.) and includes 3 CE’s (CERP). 3 additional session are scheduled 3 months apart allowing the attendees to work with new information for a while before advancing. The cost of the entire series (all 4 parts) is $170.00 for an attendee & guest and each will earn 12 CE’s.

This is not a sales orientated session. This is an educational format that I developed for my clients so that they can better understand how to get the most out of their software and how to maximize retained earnings. Certified trainers will be leading the discussions and addressing your questions and concerns. As I told all of you, if I can help you do more dentistry and increase your disposable income, you’re going to need more dental supplies. My success and that of Henry Schein, directly depends on yours.

Please call me directly to confirm your attendance (MasterCard / Visa Only)……………………….. 201-321-7494.

MI Paste™ / Saliva-Check Now On GC/TV……………………………………………………..
An MI Paste Program can raise your standard of patient care while realizing a very health ROI. GC America has created some great videos to help implement a program. It starts with a lunch & learn, you can’t say no to a free lunch, to review your office protocol and see how to best implement a program. Remember, everything you do in your business is for an ROI. Although the financial part is very nice, in this case, the ROI is also increased patient care.

This link will direct you to the GC America videos.

Sunday, February 21, 2010………………………………………………………………………
Today is Sunday, February 21st. Pitchers & catchers reported for spring training. Position players report this week. The boys of summer are back on the field and sun is coming up earlier every day.

It’s a sunny day and the April showers and May flowers are around the corner. As always, I am available at any time to answer any of your questions or concerns.

Cliff Marsh
Henry Schein Dental
P.O. Box 663, 45 Rt. 46 East, Suite 605
Pine Brook, NJ 07058
tel. 201-321-7494

February 21, 2010 - Posted by | 1

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