No unlawful practice of dentistry as defendant did not control clinical treatment to patients or dentists with whom it contracted.
On appeal, the court found that the defendant could not have unlawfully practiced dentistry because it did not control clinical treatment to patients or dentists, who it contracted with. The court concluded that, since the defendant marketed orthodontic appliances on behalf of licensed dentists, the unlawful practice of medicine provision could not be applied to them. Accordingly, it is important to determine what conduct and acts potential defendants perform before determining what causes of action could be brought.
Case Law Alerts, 4th Quarter, October 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.