Mark Twain said that the difference between using the correct word and almost the correct word is the difference between lightning bugs and lightning. Using the correct language is important in all communication but can be particularly important to the dental professional.
One of the common errors I see in contracts, agreements, or waiver/release forms drafted by non-lawyers concerns the words: "will" and "shall". If your intent is to make an action or response mandatory or required then the only correct word to use is "shall", e.g., In the event of a default under the terms of this payment plan, patient agrees that P.C. shall have an immediate right to accelerate all payments due... Court's have long held that in contract or statute interpretation, shall means mandatory or required. Will may not.
Sloppy or inaccurate writing in contracts, agreements, forms and policy manuals has led to a great deal of litigation. The best advice is always to have an attorney review such documents and avoid being struck by lightning.
Saturday, July 11, 2009
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