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To Sue or Not to Sue

It seems legitimate to file a complaint against any business that done something wrongful. Getting sued for filing a complaint seems completely unreasonable. This is however the case for one business, a dental office, where two employees filed complaints. The two former employees of a Kingstown, Virginia dental office have moved for dismissal of a $700,000 Fairfax County lawsuit filed against them in which the dentist alleges he was defamed after one of the employees filed a complaint against him with the Virginia Board of Dentistry. In the lawsuit, Farid A. Zurmati, DDS, owner of Kingstowne Family and Cosmetic Dentistry, alleges that a former office manager made numerous allegations against him that were false and defamatory and that as a result, he has suffered personal humiliation, mental anguish and injury to his business.

The lawsuit also alleges that the former employees conspired with each other to willfully injure Furmati`s reputation. The former employees have vigorously denied the allegations. Benjamin W. Glass, III, attorney for one of the former employees said that his client, the former office manager of Kingstowne Family and Cosmetic Dentistry, made a confidential complaint to the board of dentistry after she witnessed several incidents in the office. Citizens should feel free to file confidential complaints regarding patient safety without fear of being sued. This lawsuit will have a real chilling effect on the Board of Dentistry?s efforts to investigate complaints filed against Virginia dentists and will likely frighten consumers from making complaints to the Board.

The Commonwealth of Virginia, through the Attorney General?s office, has moved to intervene in the case and has also asked the Court to dismiss the case. At a hearing held Thursday, December 29, 2005, the Fairfax Circuit Court judge Gaylord L. Finch denied various motions to dismiss the case. No trial date has been set. A formal administrative hearing will be scheduled during 2006 by the Board of Dentistry.