The Anatomy of a Dental Malpractice Policy

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Dental malpractice claims can be emotionally and financially draining. Implementing strategies to avoid them in advance can help dentists protect their practice and better care for their patients.





Key Concepts




What is a dental malpractice claim?



Preventing dental malpractice claims



Securing dental malpractice insurance






Dental care is an essential healthcare service. As a dentist, you play an important role in your patients' well-being. However, the responsibility of patient care comes with the risk of malpractice claims.



Malpractice claims can be financially draining and damaging to your professional reputation. That's why it's helpful to know the risks and identify ways to reduce them in your practice. In this article, we will share tips to help reduce the likelihood of malpractice claims in dental care and discuss the importance of malpractice insurance for dentists.



Understanding dental malpractice claims



Dental malpractice occurs when a dentist fails to provide treatment in conformity with the standard of care, thereby making it negligent, resulting in harm to a patient. This can include incorrect or missed diagnoses, improper treatment, or improper choice of or planning for a procedure. To avoid these situations, it's vital to have a comprehensive claim prevention plan in place.



Acquiring dental malpractice insurance is a crucial aspect of your claim prevention strategy. It provides financial protection against claims, covering legal fees, settlements, and damages awarded after a trial. Choosing the best dental malpractice insurance requires thorough research of available coverage options.



MedPro Group offers tailored dental malpractice insurance, ensuring that you have the protection you need to practice with peace of mind.



Key strategies for preventing malpractice claims



In addition to getting a malpractice insurance policy, what can you do to help prevent malpractice claims? Here are some useful strategies to consider:



Keep detailed patient records




Maintaining detailed and accurate patient records is essential. This includes documenting patient histories, examinations, treatments, and any communication. Keeping thorough records is important for providing consistent care and can be crucial in a legal dispute. Dental records should never be altered. Thorough, complete, and contemporaneous documentation is a key factor in maintaining professional credibility.




Stay informed and educated




Continuing education allows you to stay up to date with the latest dental techniques and standards of care. Going to workshops and classes can help you take better care of your patients and reduce the possibility of mistakes.




Manage your practice effectively




To minimize errors in your practice, it’s a good idea to implement consistent protocols for scheduling appointments, patient communication (e.g. reminders and follow-ups), and more. Make sure your office has a policy in place to follow up with patients who have canceled appointments to ensure they are promptly rescheduled. This is especially important for patients who you may be monitoring for developing dental issues. Streamlining administrative tasks can improve efficiency and overall patient satisfaction.




Communicate clearly with patients




It's important to talk openly with patients about their treatment. Obtain informed consent for all treatments, ensuring patients understand what to expect, including possible risks, from the proposed treatment. Clear communication can help prevent misunderstandings that could lead to malpractice claims.




Practice within your scope




As a dentist, it's important to only practice within the scope of your expertise and licensure. Avoid offering treatments or advice outside of your professional capacity, as this can increase your malpractice risk. Similarly, non-professional office staff should never be permitted to provide any dental or medical advice to patients. If you feel as though the patient's condition or treatment would be better handled by a specialist, refer the patient out. Do not let a patient's finances dictate or constrain the treatment steps you believe are necessary to effectively treat the patient within the standard of care.




Follow the standard of care




Following standard treatment protocols can minimize the chance of mistakes and minimize your malpractice risks.




Prioritize patient safety




Always prioritize patient safety during treatments. Be mindful of techniques that pose risks, especially for patients with pre-existing conditions or complex medical histories. If you're uncertain about a particular treatment, seek a second opinion or refer the patient to a dental specialist.




How to handle a dental malpractice claim



In the unfortunate event of a malpractice claim, it's important to handle it promptly and professionally. Here are some initial steps to consider:



Contact your insurance provider



Immediately notify your dental malpractice insurance provider if you receive a claim or have reason to believe a claim is imminent. Avoid discussing the claim with anyone before contacting your insurance carrier. They will help guide you through the process and provide legal representation if necessary.



Do not alter patient records



A clinical note should be completed as contemporaneously as possible with treatment. If you notice an error in your original note or omitted information, do not alter the original note. Rather, make an addendum and reference the date of the original note and the date of treatment, and then explain your addition. Altering records can be seen as an attempt to cover up the facts and can severely harm your ability to resolve a claim.



Cooperate with your claims consultant



Work closely with your malpractice insurance carrier’s claims team. Provide them with all the necessary documentation and information to address the claim.



Check out this article for more information on what to expect from a malpractice claim.



Malpractice insurance considerations



Facing malpractice claims in dental practice can be daunting, but acquiring the best malpractice coverage can help you manage risk. By being proactive, you can keep your patients safe and practice with confidence.



When purchasing dental malpractice insurance, keep the following in mind:



Coverage limits










Make sure your policy provides adequate coverage to protect your assets and practice in the event of a claim.




Customizable policies




The coverage you need is unique to your practice and specialty. That's why MedPro offers policies tailored to meet the specific needs of dentists.




Customer service and support




Excellent customer support goes a long way. Your carrier should guide you through the process of handling claims and answer any questions you may have. MedPro Group offers hands-on, reliable service so dentists can feel confident in their coverage.




Carrier strength




Your malpractice insurance carrier should have the financial strength and expertise to defend you from claims. MedPro Group is a carrier with an A++ financial rating (AM Best) and has a dental trial win rate of 95%.




Get the right coverage from MedPro Group



MedPro Group, the nation’s leading malpractice insurance carrier, offers coverage options tailored to the unique needs of dentists. Over 45,000 dentists nationwide choose MedPro. With the industry’s best claims team and a group of risk consultants averaging 30 years of experience, MedPro Group is prepared to help dentists protect their practice and their future.



Secure your peace of mind today with a free quote.



For latest AM Best rating, access ambest.com.



All data is derived from MedPro Group records and calculations; claims data range is 2013-2022 unless otherwise indicated. MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are administered by MedPro Group and underwritten by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and may differ among companies.



© MedPro Group Inc. All Rights Reserved.

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As a dentist, purchasing malpractice insurance is the best way to protect your career and practice. Whether you're an associate, practice owner, or near retirement, understanding the difference between policy types can help you determine which coverage is right for you.





Key Concepts




Malpractice policy types



Solo practitioner vs. group practice



Policy limits and cost considerations






The average dentist is sued at least once in their career, and most never see it coming. That’s why having malpractice insurance is an essential part of practicing dentistry. A malpractice policy offers coverage and defense against accusations of negligence that may be brought against you. Malpractice insurance is the best way to protect yourself from the threat of lawsuits that can jeopardize your career, practice, and financial stability.



Purchasing dental malpractice insurance requires some strategy. To make an informed decision, you should:




Compare policies



Regularly assess your business needs



Consult a professional for guidance




It’s crucial to understand the available policy types before choosing a specific one.



What Are the Different Malpractice Policy Types?



There are two main malpractice policy types dentists can choose from: Occurrence and Claims-made. To decide which one will best meet your unique needs, you must first understand each policy’s benefits and limitations.




A Claims-made policy covers claims that are brought against you during the policy period, regardless of when the incident occurred. Your protection ends at the end of the policy term. If you leave a practice or retire, you’ll most likely need to purchase tail coverage.





Tail coverage (sometimes called an Extended Reporting Endorsement) keeps you covered for any claims made against you once you stop practicing or end your Claims-made policy. Tail coverage can be expensive, sometimes double or triple your current annual premium.





An Occurrence policy covers incidents that occur during the policy period, even if the claim is made after the period ends. Occurrence coverage doesn’t end when the policy ends. If someone files a claim against you, your Occurrence policy from the year of the incident will cover you. Each year you renew your policy, you have a new set of limits to protect you from any future claims that result from incidents occurring that year. 




Though Occurrence policies are generally more costly upfront than Claims-made policies, when the cost for tail coverage is factored in, Occurrence is often cheaper than Claims-made coverage in the long run.



As your insurance needs evolve over time, you’ll need to review your policy regularly and make adjustments as needed. In doing so, you can ensure you always have the right coverage for your current circumstances.



Cost Considerations for Each Policy Type



The cost of a dental malpractice policy varies by location, claims history, and other factors. Claims-made policies typically cost less during the first year, while rates increase annually as the policy progresses.



Conversely, the cost of an Occurrence policy can be higher at first, but over time, the premiums are more stable and predictable, often making Occurrence coverage more affordable in the long run. 



Learn more about malpractice insurance pricing in this article.



Solo vs. Group Practice



Understanding your specific role within a practice will help you determine which policy type and limits will best apply to your situation.



Owning a Practice



As owner of your practice, you are often a marketer, HR manager, CFO and CEO. Much of your own time, energy, and money are invested in building your practice. That’s why it’s important to know that your practice, just like you, can be named in a malpractice lawsuit. 



There are two main business entity malpractice coverage types: Separate Limits Coverage and Shared Limits Coverage. 




Separate Limits Coverage allows defense costs and indemnity payments to be paid on behalf of your practice ­separately from your individual policy limits. You may qualify for this option if you own all or a portion of your practice.





Shared Limits Coverage means defense costs and indemnity payments will be paid on behalf of both you and your practice under one shared set of limits. This may be the right option for you if you have a solo corporation with no employed or contracted dental associates.




MedPro Group offers competitive business entity malpractice insurance solutions to help protect you and your practice. 



Joining a Group Practice as an Associate



Associate dentists, employed by practice owners, may get malpractice coverage from their group practice. If you don't understand the coverage terms set by your employer, request a copy of the policy.



Whether you’re full-time or part-time, your employer's policy may not satisfy your coverage needs. Depending on employer preference, you may be able to purchase individual coverage out of your own pocket.



Retiring from a Practice



As a retired dentist, you remain at risk for malpractice claims, even years after treatment. Tail coverage is especially important at this stage in your career if you were previously covered under a Claims-made policy. 



Some carriers, like MedPro Group, offer free tail upon retirement, regardless of your age. To qualify for free tail upon retirement with MedPro, you must:




Be fully retired



Have a retroactive date at least 48 months prior to the date of retirement



Be insured by the company for 12 months on a mature Claims-made policy




With free tail from MedPro, you can retire earlier with ease and peace of mind.



Other Policy Factors



Consider these additional aspects of a policy before signing on the dotted line.



Policy Limits: The maximum amount an insurer is willing to pay for a claim filed against you.




For Claims-made coverage, you must renew your policy annually to remain protected by claims, even if the incident happened in the past when you had coverage.





Occurrence coverage provides a separate set of limits for each year you buy the policy. These limits never expire. If someone files a claim, you will still be covered by your policy from the year of the incident.




No matter the coverage type, make sure your limits are high enough to protect you throughout your career. Certain risks are better supported by higher limits. Consult with an insurance expert to determine how high your limits should be to best suit your practice.



Additional Coverages: Added policy benefits such as cyber liability, HIPAA coverage, audit coverage, and billing errors coverage. Remember to check these add-ons to make sure your practice is appropriately protected with the necessary additional coverage options.



Pure Consent Provision: A detail on your insurance policy that determines whether you have the right to refuse to settle a claim. Make sure the consent provision in your policy gives you that power without exceptions.



Learn more about how these factors play into choosing a policy in our Guide to Malpractice Insurance.



Need Additional Support? MedPro Group Is Here to Help.



Before deciding on a policy, it's best to consult a professional who specializes in malpractice insurance for dentists. Experts at MedPro can help you navigate the complexities of choosing a policy so that you’re confident in your decision. With over 125 years of malpractice experience, you can rest assured knowing MedPro Group will protect your good name.



To get started, schedule a free consultation or get a quote today.

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If you are leaving a group dental practice to pursue independence or join another group, your malpractice coverage will be affected. In this article, learn how to ensure you are still protected against malpractice claims during career transitions.





Key Concepts




Leaving a group dental practice



Changing malpractice insurance carriers



Acquiring a new malpractice insurance policy






In your dental career, there may come a time when you consider leaving a group practice to pursue independence or join another group. However, doing so will impact the status of your dental malpractice insurance. In this article, understand how leaving a group practice can affect your malpractice coverage so you can make sure your good name stays protected.



This article should not be construed as legal advice. All actions are subject to local laws and ethical standards.



Considerations When Leaving a Group Dental Practice



Leaving a group practice is a big decision that requires a lot of thought. You may be wondering how to best go about initiating this career transition. Consider these 7 steps to get started:




Review Your Employment Contract: It is crucial to review your employment contract before leaving a group practice. This will help you know if there are any agreements or limitations that could stop you from starting your own business or joining another group. If you have any questions or concerns, it is best to consult with an attorney. The subsequent considerations might be dictated by aspects of your employment contract.



Notify Your Employer: The next step is to notify your employer of your decision to leave the group practice. This should be done in writing and with ample notice. Be sure to check your employment contract for any specific requirements or guidelines for resigning.



Inform Your Patients: Check your employment contract for restrictions on patient solicitation upon departure from the group practice. If contractually permissible, notify your patients that you are leaving, and let them know they have the right to choose who provides their dental care moving forward.



Handle Patient Records: Patients have the absolute right to decide which dentist will treat them and whether they want to transfer their records to you or have them remain at the group practice. To the extent that you are able, try to ensure that your patients' care is not interrupted. Be sure to follow all HIPAA guidelines when transferring patient records.



Notify Insurance Companies: If you are a participating provider with insurance companies, you will need to notify them of your departure from the group practice.



Update Your Online Presence: If you have a personal website or social media accounts, be sure to update them to reflect your new practice or employment status. This will help you maintain an accurate and up-to-date online presence, making it easy for patients to find you.
To best protect yourself, avoid painting your previous employer in a negative light online, and be careful not to disclose PHI (protected health information) in accordance with HIPAA regulations.
Read this article to learn more about managing social media risks.



Tie Up Loose Ends: Before leaving the group practice, be sure to tie up any loose ends. This could include completing any outstanding treatments, transferring any personal belongings from your office, and settling any financial obligations with the group practice.








How Your Malpractice Insurance Will Be Affected



After leaving a group practice, you will no longer be protected by the group's malpractice insurance. If you were covered under your group’s policy, you will need to purchase your own malpractice insurance to guarantee you stay protected during your career transition and in your new practice.



When purchasing your new policy, there are a few important things to keep in mind:




Coverage: As a dentist, it’s essential to have comprehensive coverage to safeguard against potential malpractice claims. To remain protected during your career transition, it’s important to verify whether your previous coverage at the group practice was Occurrence or Claims-made.
Read more about the difference between Occurrence and Claims-made policies in our Guide to Dental Malpractice Insurance.
Depending on your circumstances, MedPro Group may offer prior acts coverage if you previously had a Claims-made policy, providing seamless protection for your prior exposure without the need to purchase tail coverage.



Cost: Dentists often handle various expenses, especially when opening a practice after leaving a group, and that includes the cost of malpractice insurance. To learn more about how the cost of dental malpractice insurance is determined, check out this article.



"Pure" Consent:  When looking for a new policy, make sure it has a "pure" consent clause. With pure consent, you'll never be forced to settle a claim, and you can prioritize your own interests above those of your insurance carrier.



Customer Service: Like any healthcare professional, dentists rely on their malpractice insurance carrier for support and assistance. It's critical to choose a carrier who provides excellent customer service and will be there for you whenever you need it.



Changes to Your Practice or Scope: Over time, dentists might undergo changes in their practice or scope of care. You should consider this when deciding which carrier to go with. You might need more comprehensive coverage for new services offered, and choosing a carrier, like MedPro Group, with broad, customizable coverage options can help you navigate practice changes with ease. Similarly, if you decide to limit your offered services or retire, you should take that into account when buying a new policy.




Determine your malpractice insurance needs and consider the factors mentioned above before deciding on an insurance carrier. Check out this case study for a real-life example of how leaving a group practice affects malpractice coverage.



Purchasing a New Policy



When comparing new malpractice insurance carriers and choosing one to move forward with, there are a few key steps to follow.




Get a Quote: You'll need to obtain a quote from a new carrier. This can typically be done online or over the phone. To get a quote from MedPro Group, click here.



Complete an Application: After you receive your quote, you’ll be prompted to complete a policy application. This will include providing information about your professional history, current practice, and any previous malpractice claims.



Approval and Start of Coverage: Once you're given the green light on your application, your carrier will send you the documents for your policy. Read them over carefully to verify that they meet your needs and expectations. After that, you can secure coverage.



Purchase Tail Coverage: To best protect yourself against future malpractice claims, if your previous policy with your group practice was Claims-made, you will either need to choose a carrier that offers prior acts coverage or purchase tail coverage to cover the “tail” of exposure left behind when you leave. Speak with your group about tail coverage and who is responsible for the costs.




Putting It All Together



Leaving a group dental practice and acquiring your own malpractice insurance can seem daunting and time-consuming, but with proper planning and communication, it can be a smooth transition. By keeping the tips outlined in this article in mind, you can make the process of leaving your group practice more seamless.



Whether you are pursuing independence or joining another group, we wish you all the best in your future endeavors and hope you’ll choose MedPro Group for your dental malpractice insurance needs.



To explore MedPro’s coverage options, reach out to our team or start a quote today.











This document does not constitute legal or medical advice and should not be construed as rules or establishing a standard of care. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal questions.



MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are underwritten and administered by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and/or may differ among companies.



© MedPro Group Inc. All rights reserved.





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Dental malpractice claims can be emotionally and financially draining. Implementing strategies to avoid them in advance can help dentists protect their practice and better care for their patients.





Key Concepts




What is a dental malpractice claim?



Preventing dental malpractice claims



Securing dental malpractice insurance






Dental care is an essential healthcare service. As a dentist, you play an important role in your patients' well-being. However, the responsibility of patient care comes with the risk of malpractice claims.



Malpractice claims can be financially draining and damaging to your professional reputation. That's why it's helpful to know the risks and identify ways to reduce them in your practice. In this article, we will share tips to help reduce the likelihood of malpractice claims in dental care and discuss the importance of malpractice insurance for dentists.



Understanding dental malpractice claims



Dental malpractice occurs when a dentist fails to provide treatment in conformity with the standard of care, thereby making it negligent, resulting in harm to a patient. This can include incorrect or missed diagnoses, improper treatment, or improper choice of or planning for a procedure. To avoid these situations, it's vital to have a comprehensive claim prevention plan in place.



Acquiring dental malpractice insurance is a crucial aspect of your claim prevention strategy. It provides financial protection against claims, covering legal fees, settlements, and damages awarded after a trial. Choosing the best dental malpractice insurance requires thorough research of available coverage options.



MedPro Group offers tailored dental malpractice insurance, ensuring that you have the protection you need to practice with peace of mind.



Key strategies for preventing malpractice claims



In addition to getting a malpractice insurance policy, what can you do to help prevent malpractice claims? Here are some useful strategies to consider:



Keep detailed patient records




Maintaining detailed and accurate patient records is essential. This includes documenting patient histories, examinations, treatments, and any communication. Keeping thorough records is important for providing consistent care and can be crucial in a legal dispute. Dental records should never be altered. Thorough, complete, and contemporaneous documentation is a key factor in maintaining professional credibility.




Stay informed and educated




Continuing education allows you to stay up to date with the latest dental techniques and standards of care. Going to workshops and classes can help you take better care of your patients and reduce the possibility of mistakes.




Manage your practice effectively




To minimize errors in your practice, it’s a good idea to implement consistent protocols for scheduling appointments, patient communication (e.g. reminders and follow-ups), and more. Make sure your office has a policy in place to follow up with patients who have canceled appointments to ensure they are promptly rescheduled. This is especially important for patients who you may be monitoring for developing dental issues. Streamlining administrative tasks can improve efficiency and overall patient satisfaction.




Communicate clearly with patients




It's important to talk openly with patients about their treatment. Obtain informed consent for all treatments, ensuring patients understand what to expect, including possible risks, from the proposed treatment. Clear communication can help prevent misunderstandings that could lead to malpractice claims.




Practice within your scope




As a dentist, it's important to only practice within the scope of your expertise and licensure. Avoid offering treatments or advice outside of your professional capacity, as this can increase your malpractice risk. Similarly, non-professional office staff should never be permitted to provide any dental or medical advice to patients. If you feel as though the patient's condition or treatment would be better handled by a specialist, refer the patient out. Do not let a patient's finances dictate or constrain the treatment steps you believe are necessary to effectively treat the patient within the standard of care.




Follow the standard of care




Following standard treatment protocols can minimize the chance of mistakes and minimize your malpractice risks.




Prioritize patient safety




Always prioritize patient safety during treatments. Be mindful of techniques that pose risks, especially for patients with pre-existing conditions or complex medical histories. If you're uncertain about a particular treatment, seek a second opinion or refer the patient to a dental specialist.




How to handle a dental malpractice claim



In the unfortunate event of a malpractice claim, it's important to handle it promptly and professionally. Here are some initial steps to consider:



Contact your insurance provider



Immediately notify your dental malpractice insurance provider if you receive a claim or have reason to believe a claim is imminent. Avoid discussing the claim with anyone before contacting your insurance carrier. They will help guide you through the process and provide legal representation if necessary.



Do not alter patient records



A clinical note should be completed as contemporaneously as possible with treatment. If you notice an error in your original note or omitted information, do not alter the original note. Rather, make an addendum and reference the date of the original note and the date of treatment, and then explain your addition. Altering records can be seen as an attempt to cover up the facts and can severely harm your ability to resolve a claim.



Cooperate with your claims consultant



Work closely with your malpractice insurance carrier’s claims team. Provide them with all the necessary documentation and information to address the claim.



Check out this article for more information on what to expect from a malpractice claim.



Malpractice insurance considerations



Facing malpractice claims in dental practice can be daunting, but acquiring the best malpractice coverage can help you manage risk. By being proactive, you can keep your patients safe and practice with confidence.



When purchasing dental malpractice insurance, keep the following in mind:



Coverage limits










Make sure your policy provides adequate coverage to protect your assets and practice in the event of a claim.




Customizable policies




The coverage you need is unique to your practice and specialty. That's why MedPro offers policies tailored to meet the specific needs of dentists.




Customer service and support




Excellent customer support goes a long way. Your carrier should guide you through the process of handling claims and answer any questions you may have. MedPro Group offers hands-on, reliable service so dentists can feel confident in their coverage.




Carrier strength




Your malpractice insurance carrier should have the financial strength and expertise to defend you from claims. MedPro Group is a carrier with an A++ financial rating (AM Best) and has a dental trial win rate of 95%.




Get the right coverage from MedPro Group



MedPro Group, the nation’s leading malpractice insurance carrier, offers coverage options tailored to the unique needs of dentists. Over 45,000 dentists nationwide choose MedPro. With the industry’s best claims team and a group of risk consultants averaging 30 years of experience, MedPro Group is prepared to help dentists protect their practice and their future.



Secure your peace of mind today with a free quote.



For latest AM Best rating, access ambest.com.



All data is derived from MedPro Group records and calculations; claims data range is 2013-2022 unless otherwise indicated. MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are administered by MedPro Group and underwritten by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and may differ among companies.



© MedPro Group Inc. All Rights Reserved.

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