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Avoiding claims in the first place can save you money in litigation and potential reputational damage. To effectively protect your dental practice, you will need medical malpractice insurance as well as other types of insurance. Let's look at the most common types of dental malpractice claims and how to prevent them.

What constitutes medical malpractice for dentists?

Dentists, like other healthcare practitioners, must be aware of the conditions that can result in costly claims. Dentists are responsible for diagnosing dental problems, such as cavities or damaged tools, and then prescribing treatment based on those findings. However, if a patient does not understand the dangers associated with a treatment or is dissatisfied with the result, they may file dental malpractice claims.

Patients who accuse dentists of malpractice allege that the dentist's treatments or recommendations violated a professional standard of care. In other words, the job did not meet realistic expectations based on your professional training and expertise. In order to help avoid the financial consequences of a med mal insurance claim, it is crucial to not only understand and recognize the scenarios that may lead to a lawsuit but also to ensure that you have adequate insurance coverage in place.

How can I get dental malpractice insurance?

With us, you can easily get free dental malpractice prevention insurance quotes. We'll ask you some basic questions about your company to help you find coverage that matches your specific risks and fulfils the standards of your state. You can contact one of our trained dental malpractice prevention insurance specialists.

Which type of disputes are most likely to result in dental malpractice claims?

Dental malpractice claims are complaints regarding the quality of your work. Even frivolous lawsuits can be expensive. It is vital to hire an experienced dental malpractice attorney or law firm that specializes in these types of claims. That is why it is crucial to be informed of the most common dental malpractice claims filed against dentists. This includes:

• Allergic reactions and related consequences

A patient may develop a new medical condition between visits that your clinic should be aware of, such as an allergy to a specific drug, food, or latex. Make sure your patient's medical information is up to date and verified prior to each appointment.

• Failure to provide patients with all the necessary information

For example, a patient may argue that you failed to adequately explain a treatment plan and its risks, preventing the patient from making a well-informed decision.

• Failed treatments or procedures

This could include med mal insurance claims for tooth damage or injury caused by botched restorations, root canals, defective dental implants, veneers, crowns, and other procedures. Patients may also claim that you failed to detect decay or another condition during a routine oral examination, resulting in greater, more expensive problems like an abscess.

• Failing to identify oral cancer

A patient may accuse you of giving poor treatment by failing to find an early stage of oral cancer.

• Misdiagnosis

Patients may argue that you diagnosed a problem improperly, late, or failed to find it at all.

• Nerve damage 

Common medical malpractice insurance claims allege that a dentist damaged the lingual or inferior alveolar nerves while administering anesthetic or extracting teeth.

• Product Liability 

Dentists can be held accountable for using defective products, oral devices, and materials, even if the dentist did not manufacture the things.

• Questionable professional advice 

Patients may allege that you failed to provide solid professional advice. They may even allege that you neglected to refer them to an expert when it was required.

What are the best ways to avoid a dental malpractice claim?

The greatest approach to "win" a malpractice claim is to stop it before it starts. Here are some tips you can try at the office: 

• Do not ignore the Dental Board's letter

At some point, you may get an inquiry from your state's Dental Board, which is required to investigate all complaints, even those that are unfounded. Even if a claim is baseless, you must cooperate with the Board in order for it to achieve a favorable conclusion. You should also notify your dental malpractice prevention insurance company so that they are aware of the situation and can provide legal advice if necessary.

• Communicate with your patient before starting the treatment

Never begin treating patients until you are certain they understand what you are about to do and the risks associated. Don't think they have prior knowledge of specific dental procedures. Communicate properly and let people ask questions. You may even ask your patients to sign a consent form stating that they understand the therapy and risks.

• Follow up on any missed or canceled appointments

Your office should have documented policies in place for following up with patients who skip or cancel appointments, even if they are only for a six-month cleaning. A missed appointment may result in the inability to detect an illness as quickly as possible, leaving you exposed to negligence claims.

• Stay within your comfort zone

If a patient presents you with an issue that you are uncomfortable diagnosing or treating, always refer them to a trusted specialist. If you proceed with an extraction that fails, patients and their lawyers may argue that a specialist would have been a safer option and that you should have known better.

• Keep note of medical history

Your patients may have developed allergies or new medical issues between visits, which you should be aware of. Make sure to ask about any changes in their health treatment and document them in your records.

• Keep accurate records

Do this even if it means noting that you broke an instrument in a patient's canal. Breaking the tip of the file in the canal does not breach a standard of care, but it should be communicated to the patient and documented in their file. If there is a complication, or if the patient learns about it later, their reaction may be surprise, anger, or a claim against your clinic.

• Check for signs of oral cancer

If a patient develops a type of cancer in their mouth that you failed to detect, they may accuse you of inadequate treatment. Make sure you understand the early signs of cancer and search for them in every patient as part of their dental health.

• Never erase anything from a patient's chart

If you mistakenly record a mistake in a chart, simply cross it out and mark the error. If that patient sues later and your records are inspected, any changes will appear suspect. For the same reason, you should never enter information into a chart after a patient has submitted dental malpractice claims.

Despite these safeguards, dentists should still have medical malpractice insurance, which is a type of professional liability insurance, also known as errors and omissions coverage, for healthcare practitioners. Talk to our experts for dental malpractice prevention insurance queries and instant claims procedures.