Dentists And Malpractice Insurance: Who's Covered?

Do Dentists Carry Malpractice Insurance?

Dentists are not always required to carry malpractice insurance, and the laws surrounding this vary from state to state. However, dentists are encouraged to carry malpractice insurance to protect themselves and their business from costly litigation and potential damage to their reputation. Malpractice insurance for dentists is a type of professional liability insurance that covers damages resulting from dental services provided or not provided. It also covers any related court costs and legal fees.

Malpractice insurance costs

In the medical field, malpractice insurance costs are influenced by factors such as location and the type of doctor seeking coverage. On average, medical malpractice insurance costs $7,500 per year, but rates can range from $4,000 to $12,000 or more, depending on the physician's specialty and area of expertise. Surgeons typically pay higher premiums, ranging from $30,000 to $50,000 annually, while obstetricians in certain states may pay over $200,000 per year.

The cost of malpractice insurance is also impacted by the type of coverage, with claims-made policies being more affordable than occurrence policies. Claims-made policies cover incidents that occur while the policy is active and a claim is made during the policy period. In contrast, occurrence policies provide coverage for any claims filed for work done while the policy was in effect, even if the claim is made after the policy has expired.

Overall, the cost of malpractice insurance is a significant consideration for professionals in various industries, and it is essential to evaluate the risks and compare coverage options to find the most suitable and affordable protection.

Required insurance by state

While malpractice insurance is required in most jurisdictions, licensing regulations and insurance requirements vary by state. It is important to contact your state licensing board and/or local dental society to verify your state’s requirements for health care providers before purchasing a policy.

California

According to the Dental Board of California, dentists in California are required to have professional liability insurance with a minimum coverage of $100,000 per claim and $300,000 in the aggregate. This insurance must cover all dental services provided by the dentist, including those performed by employees and independent contractors.

Texas

In Texas, the state law requires dentists to carry professional liability insurance with a minimum limit of $100,000 per claim and $300,000 in the aggregate. The insurance must cover all dental services provided by the dentist, their employees, and independent contractors.

New York

New York State requires dentists to maintain professional liability insurance with a minimum limit of $1,000,000 per claim and $3,000,000 in the aggregate. The insurance must cover all dental services provided by the dentist, their employees, and independent contractors.

Florida

Florida law mandates that dentists practising in the state must have professional liability insurance with a minimum limit of $250,000 per claim and $750,000 in the aggregate. The insurance must cover all dental services provided by the dentist, their employees, and independent contractors.

Illinois

In Illinois, the state mandates that dentists carry professional liability insurance with a minimum limit of $200,000 per claim and $600,000 in the aggregate. The insurance must cover all dental services provided by the dentist, their employees, and independent contractors.

Types of insurance

There are various types of insurance that dentists may need to consider as part of their practice. The most notable is malpractice insurance, which is designed to protect dentists and their practice in the event of a malpractice allegation. This type of insurance is important for dentists as it can help protect their assets and prevent potential insolvency in the event of a lawsuit. Malpractice insurance can cover the insurance company's experience in the dentist's malpractice defence, as well as any payments made to the plaintiff.

There are two main types of malpractice insurance coverage: claims-made policies and occurrence policies. Claims-made policies cover claims made during a designated policy period, whereas occurrence policies cover incidents that occurred during the coverage period, even if the claim is made at a later date. Common malpractice claims include negligence, breach of contract, non-performance, and failure to render services.

In addition to malpractice insurance, dentists may also want to consider other types of insurance to protect their practice and assets. These could include:

• Disability insurance: This type of insurance can provide income protection for dentists if they are unable to work due to an injury or illness.
• Term life insurance: This insurance provides coverage for a specific period, such as the duration of a loan or mortgage.
• Permanent life insurance: Unlike term life insurance, permanent life insurance provides coverage for the insured's entire life, rather than a specified term.
• Property insurance: This type of insurance covers the physical location of the dental practice, including the building and its contents.
• General liability insurance: This insurance covers incidents that may occur during the normal course of business, such as accidents or injuries to patients or third parties.
• Workers' compensation insurance: This type of insurance provides coverage for employees' medical expenses and lost wages if they are injured or become ill due to work-related causes.
• Data breach insurance: This insurance helps protect businesses and individuals from the financial consequences of a data breach, including the cost of notifying affected individuals, providing credit monitoring services, and legal fees.
• Business overhead insurance: This insurance helps cover the ongoing expenses of running a business, such as rent, utilities, and employee salaries, in the event that the business owner is unable to work due to an injury or illness.

Lawsuits and litigation

Dental malpractice lawsuits can be expensive, with settlement costs ranging from tens of thousands to $1 million or more. A good dental malpractice attorney is required even for a frivolous lawsuit, which can be costly.

Dental malpractice occurs when a dental health care professional (including a dentist, hygienist, orthodontist, or oral surgeon) provides sub-standard care to a patient, and the patient suffers an injury or some other kind of harm as a result.

Some of the most common reasons for dental malpractice lawsuits include:

• Allergic reactions and other complications
• Failure to give patients all the information they need
• Failed treatments or procedures
• Failing to recognize oral cancer
• Misdiagnosis
• Nerve damage
• Products liability
• Questionable professional advice
• Lack of informed consent
• Failure to refer to a specialist
• Improper tooth extraction
• Failure to diagnose a dental health condition
• Failure to properly treat complications of care
• Failure to properly supervise or oversee actions of employees
• Improperly administered anesthesia

To make a successful case for dental malpractice, an injured patient (and their attorney) will need to establish:

• The existence of a dentist-patient relationship
• The appropriate medical standard of care that the dental professional should have acted with under the circumstances
• Exactly how the dentist "breached" that standard of care, meaning how the treatment provided didn't measure up to the standard
• The nature and extent of the patient's resulting harm

Most injury-related cases are much more likely to end in an out-of-court settlement than proceed to trial. However, medical (and dental) malpractice cases are some of the most difficult kinds for injured claimants to "win" in terms of receiving a fair settlement.

Dental malpractice insurance will provide coverage for any dental malpractice judgments or settlements, as well as any related court costs and legal fees.

Patient consent

In the context of dentistry, patient consent is a critical aspect of the patient-doctor relationship and is necessary to carry out any dental procedures. There are two main types of consent: general consent and informed consent.

General consent is obtained when a patient agrees to undergo a recommended treatment plan and any associated procedures. It grants the dentist permission to perform minor restorative procedures, administer local anaesthesia, and bill the patient's insurance company.

Informed consent, on the other hand, is a more detailed process and is required for all procedures beyond those covered by general consent. Informed consent involves a discussion between the dentist and the patient, during which the patient is educated about their oral health status and the proposed treatment plan. The dentist must explain:

• The dental health problems observed
• The nature of the proposed treatment
• The potential benefits and risks of the treatment
• Any alternative treatments, including the risks and benefits of each option, and the risks of not undergoing treatment

The patient must have the opportunity to ask questions, and the level of detail in the discussion should be commensurate with the level of risk associated with the procedure. Informed consent is not simply a document but a dialogue-based process that ensures the patient understands the proposed treatment and its implications.

It is important to note that informed consent is legally required and cannot be considered compliant without a dentist-patient conversation. While clinical staff may discuss treatment options, the dentist must be directly involved in obtaining informed consent. Obtaining informed consent is also an opportunity to develop rapport with the patient and ensure they are comfortable with the plan of action.

In the case of minors or incompetent adults, consent must be obtained from a parent, legal guardian, or legal representative. In emergency situations, many state laws allow healthcare providers to proceed without parental consent if delaying treatment would endanger the child's health.

In addition to obtaining consent, dentists should also maintain detailed records of patient discussions, including treatment recommendations, benefits, risks, and alternatives. While not always required, it is often beneficial to have patients review and initial these entries to ensure accuracy and confirm that the discussion took place.

By following these guidelines, dentists can ensure they have obtained proper patient consent and reduce the risk of malpractice claims or lawsuits.

Frequently asked questions