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The PE “Lite” Early Action Program:
For those dentists already embroiled in a pre-existing lawsuit – options are available. The PE Lite Plan gives Dental Justice members a low cost option with the objective of having a frivolous claim dismissed sooner rather than later. It is ideally implemented well before trial.

If a pre-existing malpractice claim is heading for trial, you have an additional option to upgrade this PE Lite to PE Shield. This upgrade must be done no later than 60 days before trial. The full PE
Shield plan, for those with pre-existing suits, is the plan that provides specific services to 
members, enabling counterclaims against proponents of frivolous suits after trial.


Is PE Lite The Same As PE Shield?
No. PE Lite provides the Early Action part of PE Shield. The full PE Shield provides Early Action plus
potential  counterclaims down the road. With PE Lite, there is an option to upgrade to the full PE Shield. One can purchase the full PE Shield early in a case….or one can purchase PE Lite (at a much lower cost). If the case is dropped after Early Action, then there is no need to upgrade for the full PE Shield.


What Do You Mean By Early Action?
Early Action is designed to provide a near-term benefit. Plan members want to maximize the
likelihood that a frivolous case will be dropped, sooner rather than later. PE Lite provides for
 notice of your membership to be sent by Dental Justice to the plaintiff’s counsel. This notice 
is often enough to tip the balance in convincing an attorney to make a rational choice and
not throw good money after bad in a meritless case. By explaining that there are potential
ramifications for pursuing a meritless case, the plaintiff’s attorney now has to do an updated risk/
benefit analysis that is very different than before. The near term benefit works to have the dentist
dismissed from the case.

If The Case Gets Dropped, Can I Still Take Action Against Proponents of the Case?
We can all agree it is a good thing for a defendant to be dropped from a meritless case. It is important
that there not be any impediments to achieving that goal. If one postures that counterclaims will be triggered even if a case is dropped, the opposite side will have little disincentive to drop the case. In their minds, they might as well take their chances. Hence, it is important that you allow a meritless case to be dropped. You do not want to keep a case alive merely to preserve the possibility of future action.

Are There Any Circumstances Where Action Can Be Taken Against a Proponent of a
Meritless Case Even If I Am Dropped From The Case?

The short answer is yes. But, it depends upon specific facts and circumstances.

If My Case Proceeds To Trial, Do I Need To Upgrade From PE Lite to PE Shield?
You have that option. PE Lite is designed to give you the potential near-term benefits of PE
Shield, at a reduced cost. But, if a frivolous case is not dropped, and it still proceeds to trial,
and you wish to engage Dental Justice in counterclaim activity after trial you will need to
upgrade to PE Shield. This preserves the possibility of counterclaim against proponents of
such a suit after the case is terminated in your favor. Upgrading is elective; but, if you do not
upgrade, you will lose the option to have Dental Justice review your case and provide potential
benefits if and when you win. Upgrading to the full PE Shield must be done no later than 60 days before trial.


When Is The Latest I Can Upgrade?
If you wish to upgrade to PE Shield, you must do so no later than 60 days prior to trial. As trial
dates are frequently moved, you are responsible for remembering when this 60 day window
approaches. Again, because the date frequently changes, Dental Justice cannot and will not
send reminder notices.

How Much Does It Cost To Upgrade?
Call for Information

“Maximize the likelihood that a frivolous case will be dropped.”
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