Dental Malpractice and Insurance: What You Need To Know

If you file a dental malpractice lawsuit, the dentist’s malpractice insurer will handle the legal defense. Dentists with malpractice insurance have coverage against medical malpractice lawsuits. The insurance company will cover the liability costs for injuries caused by dental negligence.

Dealing with a dental malpractice insurance company can be frustrating. A dental malpractice lawyer can deal with the insurance company, so you don’t have to. Contact a dental malpractice lawyer for more information about dentist malpractice insurance.

What Is Dental Malpractice Insurance?

Dental malpractice insurance is a type of professional liability insurance for dental professionals, similar to medical malpractice insurance for doctors or other healthcare professionals. It gives financial protection to healthcare providers facing claims of professional negligence. Liability coverage pays for judgments and settlements on the dentist’s behalf.

Malpractice insurance providers cover legal expenses. The insurance company pays the defense costs to represent the dentist in court. The insurance company doesn’t represent the dentist individually. Representation only concerns legal claims falling under the dental malpractice insurance policy coverage.

How Does Dental Malpractice Insurance Work When a Patient Sues a Dentist?

Like other types of insurance, malpractice insurance provides dentists peace of mind and financial protection.

A malpractice lawsuit claims the dentist breached the standard of care and caused your injuries. When you file a malpractice lawsuit against a dentistry professional, the malpractice insurance company will handle the dental malpractice claim. The insurance company has its own defense attorneys. Sometimes, they hire a dental malpractice law firm to represent them.

Most dentists never have to deal with a dental malpractice lawsuit. Legal fees for a serious malpractice claim are expensive. But when a dentist makes a mistake, the patient pays the price.

Why Does the Insurance Carrier Represent the Dentist?

The insurance company represents the dentist to protect their financial interests.

It may seem strange that an insurance company represents dentists in a malpractice claim. However, the insurance company pays out for claims covered under the insurance policy.

A dentist may also hire their own lawyer to represent them personally or professionally in a malpractice case. Their lawyer represents them directly, not the insurance company.

Do I Have To Talk to the Dental Malpractice Insurance Provider?

If you have one, your dental malpractice lawyer will deal with the insurance company. If the dental malpractice company contacts you, refer them to your attorney. Don’t answer questions from the dentist’s insurance provider without talking to your lawyer.

You may have to give a deposition at some point in your lawsuit. This is a question-and-answer session with the parties involved. The defense attorney representing the malpractice insurance company will question you during the deposition. Your lawyer will be there with you to protect your rights.

Do All Dentists Have Professional Liability Insurance?

In some states, dentists aren’t required to carry dental or medical malpractice insurance. Dentists and orthodontists may not have professional liability insurance to save money. If your dentist doesn’t have malpractice insurance coverage, you can still file a claim against them. The dentist will be liable for any damages instead of getting liability coverage from the insurance company.

Other states require dentists and oral surgeons to purchase a liability policy. Dental professionals joining a dental practice group may have to buy their own malpractice coverage. But many dentists opt for malpractice coverage for peace of mind—even when it isn’t required.

What Is the Malpractice Liability Limit?

Medical malpractice policies have coverage limits, including per-claim limits and aggregate limits. For example, a dentist may purchase a standard $1 million per claim and a $3 million aggregate occurrence policy. The insurance company will only pay for the claim up to the maximum liability limit, and the dentist is liable for any claim over the policy limit amount.

What Happens After the Settlement or Judgment?

At the end of a winning jury trial, the judge will issue a judgment for your damages. However, most dental malpractice cases don’t go to trial. Instead, they end with a settlement. The medical malpractice insurance company will make a payment with a settlement or judgment. After payment, you will finally receive your compensation.

How Can a Dental Malpractice Lawyer Help?

A dental or medical malpractice lawyer is familiar with common types of dental malpractice. They can identify possible dental malpractice and get an expert to review your dental records. They can explain your legal options and file a malpractice lawsuit against the negligent dentist.

Your lawyer can negotiate a fair settlement with the dentist’s insurance company. If the malpractice insurance provider doesn’t pay for your losses, your lawyer can take them to court.

You have a limited time to file a dental or medical malpractice lawsuit. If you suffered injuries after a dental procedure, contact a malpractice lawyer as soon as possible.