Dental malpractice is defined as a deviation from the standard of care in treating and/or diagnosing an injury to a patient, resulting in harm or loss. It refers to the failure or negligence of a professional in exercising the ordinary degree of learning or professional skill while providing services, which leads to injury.
Even if a dental hygienist is named in a malpractice claim, it is essential to understand and know the specific regulations and rules of your state in order to avoid malpractice claims. These statutes and regulations are meant to define the scope of practice for dental hygienists and licensure is the strongest form of regulation. State licensing agencies or boards also develop regulations in accordance with dental hygienists. Dental hygienists are regulated by legislative acts developed through those statutes and licensed professionals.
In a malpractice lawsuit, a dental hygienist named may not receive full coverage or assistance from a dentist’s malpractice insurance in various situations. Although dentists are more frequently sued, this perception has led many dentists and dental hygienists to believe that dental hygienists do not require coverage. According to vicarious liability, a dentist assumes responsibility for their employee’s actions while they are employed. The average settlement, excluding defense costs, was estimated at $68,0003. The National Practitioner Data Bank documented 32,488 malpractice lawsuits against dentists and 4,491 against dental hygienists and dental assistants between 2007-20172. Malpractice insurance is intended to safeguard any assets in case a patient decides to pursue legal action against you.
Restrictions and Limitations
Liability insurance for dental malpractice is not necessarily required, depending on the state in which a dentist practices. In fact, a survey conducted in 2016 by dental state boards found that only 32 states recommended, and not necessarily required, liability insurance for dentists in practice. Additionally, some insurance plans have clauses that do not cover dental hygienists if the dentist is not named in the claim. Furthermore, insurance plans may allow the dental hygienist to sue the company later to recoup settlement costs, but they may not extend full coverage if the settlement amount exceeds the monetary limitations of the coverage plan. Lastly, even the best liability insurance plans may have limitations on coverage, and may not cover the dental hygienist’s fees for court defense and any excess costs.
Types of Malpractice Coverage
Coverage for malpractice insurance can be based either on the date the claim is initially filed or on the date of the incident, and there are two main types: claims-made and occurrence.
Coverage for claims-made policies is becoming more common and less expensive. If a policy has been canceled, it will not cover any claims made after the cancellation date, even if the event in question occurred during the active coverage period. These plans require active coverage at the time a malpractice claim is made in order to provide protection. In case you are sued after leaving your practice and your new policy does not offer retroactive coverage, it may be necessary to purchase tail-coverage to protect yourself.
Occurrence policies do not necessitate tail-coverage since coverage is determined by the event’s date. If this policy type was effective during treatment, coverage is assured even if the policy period has concluded. They may be more cost-effective in the long term as tail-coverage is not essential for occurrence policies.
Top 5 Malpractice Claims Against Dental Hygienists
There are several options available for dental hygienists to purchase insurance liability and malpractice insurance through ADHA and insurance companies, which offer discounts. It is a smart investment for dental hygienists to protect their personal assets, although it may not be required to have malpractice liability insurance for less than $100 a year. By closely following the Dental Hygiene Clinical Standards set by ADHA, dental hygienists can best avoid being named in a malpractice claim and stay within the scope of practice in their state.