Dr. S.D. Galkin, D.M.D. & NJ Dental Assoc. v. Smile Direct Club, LLC, D. Leeds, D.D.S., & I.V. Perele, D.M.D. & R.M. Derosso, D.M.D. 2021 WL 2391591, Civil Action No. A-2867-19 (June 11, 2021)

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.

 

 

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