The United Supreme Court, in Dental Examiners, held that the Dental Board did not have immunity from antitrust laws because it was not actively supervised. Dental Examiners involved two major United State Supreme Court holdings. The first holding is that state boards, controlled by market participants, have to meet both prongs of the Midcal Test. The second holding is that state boards that do not meet both Midcal prongs can be subject to antitrust lawsuits. State Boards Must Meet Both Prongs of the Midcal Test The biggest outcome of Dental Examiners was the United States Court’s holding that state boards must meet both prongs of the Midcal test. The Court first rejected the Dental Board’s argument that it exercised sovereign power because …show more content…
Dental Examiners did not hold that state boards did not have immunity from antitrust lawsuits, instead the decision increased the requirements on state boards for them to show that they have immunity. That said if state boards are unable to show they meet the requirements for immunity, then they do face the risk of antitrust liability. The rest of this memorandum will discuss the practical implications of Dental Examiners and how the decision will likely effect state boards. Guidance from the Federal Trade …show more content…
Some scholars, such as Professor Aaron Edlin and Professor Rebecca Haw Allensworth, have predicted that Dental Examiners will cause a fury storm of lawsuits against state boards. These predictions have largely come true with antitrust suits being filed across the United States. For example, antitrust lawsuits have been filed against state boards in Virginia, Tennessee, Missouri, Louisiana, Connecticut, Georgia, Ohio, Pennsylvania, and North Carolina. These lawsuits can provide valuable information on how Dental Examiners may be enforced in the courts, but as a warning it is unclear whether these lawsuits have merit or whether they will be successful. With that in mind, what can we learn from these
“Processor Editorial Article - Antitrust Laws: Not Just For The Big Boys.” Editorial.Processor 19 Nov. 2004: 27+. Processor.com. Web. 29 Nov. 2011 .
Please describe a time when you performed a thorough head, neck and oral exam and the findings had a significant impact on how you proceeded with the dental hygiene process of care.
Commonwealth of Pennsylvania State Board of Dentistry. (2012, September). Section 4.1 Reason for Refusal, Revocation, or Suspension of License or Certificate. In The Dental Law Act of May 1, 1993, P.L. 216, No. 76 Cl. 63. Harrisburg, PA, USA: Pennsylvania Department of State.
Ongoing research linking oral health and general health will continue to spur the demand for preventative dental services, which dental hygienists often provide. New and increasingly accurate technologies to help diagnose oral health problems are also expected to increase demand. Example: new tests use saliva samples that a hygienist takes to spot early signs of oral cancer. As their practices expand, dentists will hire more hygienists to perform routine dental care, allowing the dentist to see more patients
Vbansal. “The Effects of Dred Scott V. Sanford.” Associated Content. 06 August 2007. 26 May 2010.
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
Following the 1990’s recession as a means of cost saving companies changed dental coverage by “limiting of annual maximums and/or services, and/or through the introduction or expansion of deductibles, co-insurance or co-payments”5 Also, during this period availability of employment-based insurance decreased, as temporary and part time employment was increasing.5 This period of economic recession saw a marked increased in the cost and demand for dental service, yet wages remained stagnant for more than 20 years5. In 1960 total per capita dental care expenditure was estimated at $6 and by 2008 it has increased to $50, a 730% increase.5
Moreover, dentists have to cater to the fears of the public. In today’s society many people have had bad experiences or have heard horror stories about dentists, so they are generally hesitant to get work done on their teeth. In many cases, people are consumed by so much fear at the dentist’s office that the dentist will have to administer an anesthetic and try to calm the patient’s fears.
The major implication of this decision is that each state decides the type of evidence required to withhold or withdraw medical treatment from an incompetent patient. The state ...
Since everyone wants good teeth to be able to eat and speak, dental insurance is as crucial as life insurance coverage plans as well as house insurance and car insurance. (Klapp par.1) While in 22 states they have no need for coverage and in six states only have emergency coverage and another 16 states does not cover preventative services on teeth. (Wallace par.1) insurance companies have jumped on having dental insurance due to them realizing that it is need by individuals who are not covered by their job or company. ( “Vital” par.6) when you are covered you have many benefits such as free procedures. To m...
What Is Tort Reform, Anyway? A User-Friendly Guide. 31 Oct. 2003. Web. 28 May 2010. .
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
Courts,” in Health Politics and Policy, 4th edition (James A. Morone, Theodor J. Litman, and
Palmer, C. (2013, September 16). American Dental Association. Retrieved January 28, 2014, from ADA: http://www.ada.org/news/8898.aspx
Professional satisfaction among California general dentists DA Shugars, MR DiMatteo, RD Hays, S Cretin and JD Johnson, 1990 American Dental Education Association