Dental Malpractice Insurance
Dentists and other professionals need the right protection against devastating financial lawsuits caused by errors and omissions.
Written by
Christine Lacagnina has written thousands of insurance-based articles for TrustedChoice.com by authoring consumable, understandable content.
Reviewed by
Cara Carlone is a licensed P&C agent with 20 years of experience. She has her P&C license in RI and TX and holds CPCU, API, and AINS designations.
As a practicing dentist, even if you're extremely careful and professional, you could still face a lawsuit at some point in your career. Professional errors and omissions can lead to costly legal action against you by clients. Fortunately, you can protect yourself and your practice with the right coverage.
A local independent insurance agent can help you find all the dental malpractice insurance you need. They'll ensure you get set up with a policy that has the ideal amount of coverage for your business. But first, here's a breakdown of dental malpractice insurance, what it covers, why it's necessary, and more.
What Is Dental Malpractice Insurance?
Dental malpractice insurance is a special type of professional liability insurance designed to protect most dental professionals within the industry. This coverage can help pay for the cost of lawsuits related to professional errors and omissions. For example, if you accidentally harm a patient while they're undergoing a procedure or recommend improper aftercare that leads to a worsening of a condition, you could be sued.
Oral surgeons are the most likely to have claims filed against them because they often perform more complicated procedures and frequently use anesthesia. However, orthodontists and general practitioners are also at a high risk for claims.
Regardless of your exact job title, having the right dental malpractice insurance can help you and your practice avoid bankruptcy by providing critical financial reimbursement. Lawsuits can cost tens of thousands of dollars or even more to settle.
What Are the Different Types of Dental Malpractice Insurance?
When shopping for dental malpractice insurance, it's important to find the type of policy and coverage that best meets your needs. There are three main types of dental professional liability insurance to consider:
- Occurrence policies: These policies provide coverage for any claims filed against you for work done while the policy was in effect. This means that if a claim is filed after your policy expires, or after you retire, you can still expect full coverage according to the terms of your policy at the time the work was performed.
- Claims-made policies: This coverage will only provide reimbursement if the dental service is provided and the third-party claim is made while the policy is in force. In certain cases, policies may include "tail" coverage, which extends this protection for a set period of time, such as five years, after the policy's end date. If you're close to retirement, switching positions, or changing insurance policies, tail coverage can be beneficial.
- Modified occurrence policies: This is also known as tail coverage, and combines aspects of occurrence policies with aspects of claims-made policies for a type of unlimited coverage. In many cases, tail coverage ranging up to seven years is automatically included. Review your specific policy to be sure. You can purchase unlimited tail coverage once the original policy's extended coverage runs out. Dentists who are retiring typically purchase tail coverage to protect themselves for several years to come.
Ask your independent insurance agent which type of dental malpractice insurance policy is best for you and your dental practice.
What Does Dental Malpractice Insurance Cover?
Dental malpractice insurance can protect you and your business from serious financial repercussions in the event of a lawsuit. This coverage is designed to reimburse you for the following:
- Defense costs, including attorney and court expenses
- Medical damages to patients
- Punitive and compensatory damages
- Arbitration and settlement expenses
Your independent insurance agent can help you find a dental malpractice insurance policy that includes all the coverage your practice needs.
Why Do Dentists Need Dental Malpractice Insurance?
There are many different reasons why a dentist may be sued for malpractice. Some of the most common reasons for professional liability lawsuits include:
- Lack of informed consent by the patient or the patient’s legal guardian
- Failure to refer a patient to a specialist
- Improperly performed procedures like orthodontics or prosthodontics work, such as fitting crowns and bridges
- Extracting the wrong tooth or performing a tooth extraction improperly
- Failure to diagnose or treat various conditions, such as TMJ dysfunction, periodontal disease, or oral tumors and cancers
- Patient slips, falls, burns, cuts, or other injuries in the dental office
- Complications resulting from the use of anesthesia
- Patient adverse drug reactions
- Patient injuries from drills and other dental tools
Depending on the extent of harm suffered by the patient filing the lawsuit, settlement expenses can be quite substantial. In most jurisdictions, dentists are required by law to have malpractice insurance before they can be properly licensed. Failure to obtain dental malpractice insurance can also lead to difficulty getting patients even if you're not technically required to have coverage.
Who Needs Dental Malpractice Insurance?
Many different kinds of professionals in the field of dentistry can benefit from having a tailored malpractice insurance policy. These professionals include:
- General dentists
- Pedodontists or pediatric dentists
- Orthodontists
- Oral pathologists or oral surgeons
- Prosthodontists
- Endodontists or root canal specialists
- Periodontists or gum specialists
If your profession is included in this list, ask an independent insurance agent to help you find the right dental malpractice insurance.
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How Much Does Dental Malpractice Insurance Cost?
The cost of dental malpractice insurance averages about $7,500 per year. Dental malpractice insurance typically ranges between $4,000 to $12,000 per year. However, oral surgeons tend to pay much more, often between $30,000 to $50,000 annually.
The cost of the policy can depend on many different factors, including how long you've been practicing, your claims history, your location, your area of specialty, and more. A local independent insurance agent can help you find affordable dental malpractice insurance in your area.
An Independent Insurance Agent Can Help You Get Dental Malpractice Insurance
When it comes to helping insurance customers find the absolute best dental malpractice coverage, no one’s better equipped to help than an independent insurance agent. Independent insurance agents search through multiple carriers to find providers who sell dentists' professional liability insurance, deliver quotes from a number of different sources, and help you walk through them all to find the best blend of coverage and cost.
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