Common use of Retreatment Clause in Contracts

Retreatment. If a patient's dental work which was performed by the Specialist during the course of this Agreement proves to be defective due to inadequate or inappropriate treatment or diagnosis as reasonably determined and in accordance with the applicable standard of care, within a period of one (1) year after the work was performed, the Specialist shall, subject to the patient's consent, correct the defective work without compensation from the Practice. If the Specialist corrects such defective work, the production, if any, generated by the Specialist's corrective work shall not be included for purposes or determining the Specialist’s compensation as provided above in the Section titled “Compensation.” If a patient's dental work which originally was performed by the Practice proves to be defective during the course of this Agreement, subject to the patient's consent, the Practice may have the Specialist correct the defective work, as needed. If that corrective work generates production, that production shall be included for purposes of determining the Specialit's compensation as provided in the Section titled “Compensation,” above. If such corrective work does not generate any production, then the Practice shall pay the Specialist as additional compensation for such corrective work, a sum equivalent to the then prevailing rate of compensation being paid to the Specialist for any such procedures. If the Specialist performs the work necessary to correct any problem discussed above, the cost of all supplies associated with the corrective work shall be attributed and paid for by the Specialist. The Specialist shall be responsible for the costs of any and all chairside assistants associated with the corrective work, if the Specialist performed the original dental work requiring retreatment. If the dental work which was performed by the Specialist during the course of this Agreement proves to be defective within a period of one (1) year after the work was performed but either the patient does not consent to the corrective work being redone by the Specialist or the Specialist does not wish to perform the corrective work, the Practice may refer the patient to another dentist for retreatment and, in such event, (i) the Practice shall have the sole right to determine the identity of the other dentist to whom that patient shall be referred, and (ii) the fees charged by such other dentist for the corrective work shall be paid in full by the Specialist. If the corrective work is performed by the Practice, then the Specialist shall be responsible for fifty percent (50%) of the total costs to redo the corrective work plus all cost of supplies, chairside assistants, and laboratory costs.

Retreatment. If In the event that a patient's dental ’s general dentistry work which was performed by the Specialist during the course of this Agreement proves to be defective due to inadequate or inappropriate treatment or diagnosis as reasonably determined and in accordance with the applicable standard of care, within a period of one (1) year after the work was performed, the Specialist shall, subject to the patient's consent, correct the defective work without compensation from the Practice. If the Specialist corrects such defective work, the production, if any, generated by the Specialist's corrective work shall not be included for purposes or determining the Specialist’s compensation as provided above in the Section titled “Compensation.” If a patient's dental work which originally was performed by the Practice proves to be defective during the course of this Agreement, subject to the patient's consent, the Practice may have the Specialist correct the defective work, as needed. If that corrective work generates production, that production shall be included for purposes of determining the Specialit's compensation as provided in the Section titled “Compensation,” above. If such corrective work does not generate any production, then the Practice shall pay the Specialist as additional compensation for such corrective work, a sum equivalent to the then prevailing rate of compensation being paid to the Specialist for any such procedures. If the Specialist performs the work necessary to correct any problem discussed above, the cost of all supplies associated with the corrective work shall be attributed and paid for by the Specialist. The Specialist shall be responsible for the costs of any and all chairside assistants associated with the corrective work, if the Specialist performed the original dental work requiring retreatment. If the dental work which was performed by the Specialist Associate during the course of this Agreement proves to be defective within a period of one (1) year after the work was performed but either performed, Associate shall, subject to the patient’s consent, correct the defective work without any additional compensation. If the patient does not consent to the corrective work being redone by the Specialist decides that he or the Specialist she does not wish to perform have Associate personally correct the corrective defective work, Associate agrees to so advise Owner and Owner shall have the Practice may exclusive right to determine whether Xxxx will treat the patient or refer the patient to another dentist. If Owner determines that the patient should be referred to another dentist for retreatment andbesides Xxxx, in such event, (i) the Practice Owner shall have the sole right to determine the identity of the other dentist to whom that the patient shall be referred. If Associate performs the work necessary to correct the problem, Owner and Associate shall equally pay the cost of all supplies and actual expenses associated with the work and shall equally pay any gross salaries necessary to provide Associate with a chairside assistant if used by Associate. If Xxxx performs the work necessary to correct the problem. Associate shall pay Owner one-half (ii1/2) of the fees charged by such other Owner’s usual and customary fee for the work being done and one-half (1/2) of any related laboratory fees. If Owner refers the patient to another dentist for retreatment, Associate shall pay the corrective treating dentist’s usual and customary fee for the work shall be paid in full by the Specialist. If the being done, Any dispute with a patient concerning whether corrective work is performed by the Practice, then the Specialist necessary shall be responsible for fifty percent (50%) submitted to the Peer Review Committee of the total costs Anywhere Dental Society, provided that the patient agrees to redo do so. The parties agree to follow the treatment recommendations of that Peer Review Committee to the extent reasonably possible. If Associate performs corrective work plus all cost where the defective dentistry was originally done by Xxxx. the fee which would be billed for that work had the patient originally been treated outside the Owner’s practice shall be included as part of supplies, chairside assistants, and laboratory costsAssociate’s production for purposes of determining Associate’s compensation under Paragraph S above of this Agreement.