Dental Malpractice Insurance for Dentists & Oral Surgeons

Oral & Maxillofacial Surgeon Malpractice Insurance

Oral and maxillofacial surgeons can have professional liability exposures that differ significantly from those of general dentists.

Oral surgeons may perform procedures involving:

• Dental extractions
• Impacted wisdom teeth
• Dental implants
• Bone grafting
• Oral pathology
• Facial trauma
• Corrective jaw surgery
• Reconstructive procedures
• Sedation or anesthesia
• Other surgical procedures

Because the procedures performed can have a substantial effect on underwriting, oral surgeons should provide complete information about their scope of practice when requesting malpractice insurance.

Clifton Insurance Agency can help oral and maxillofacial surgeons compare professional liability options based on their procedures, locations, insurance history and desired limits.

Dental Implant Malpractice Insurance

Dental implants have become an important part of many general and specialty dental practices.

If you place implants, perform bone grafts or provide related surgical procedures, those services should be disclosed when applying for malpractice insurance.

Insurance companies may evaluate implant procedures differently depending on the dentist's training, specialty, frequency of procedures and overall scope of practice.

Accurately describing your professional services helps ensure that the policy being considered is appropriate for the work you perform.

Sedation & Anesthesia Exposure in Dental Practices

Some dental practices provide sedation or anesthesia as part of patient treatment.

The type and level of sedation performed can be an important underwriting consideration.

If your practice uses sedation or anesthesia, be prepared to provide information regarding:

• Type of sedation or anesthesia
• Who administers it
• Provider credentials
• Procedures performed
• Patient population
• Monitoring
• Practice setting

Oral surgeons and other dental professionals performing higher levels of sedation may have different malpractice insurance requirements from practices that use only local anesthesia or minimal sedation.

If a CRNA, physician or another healthcare professional provides anesthesia services within the practice, that provider's professional liability coverage should also be considered.

CRNA Malpractice Insurance

Physicians & Surgeons Malpractice Insurance

Claims-Made vs. Occurrence Dental Malpractice Insurance

Dental malpractice insurance may be available as either claims-made or occurrence coverage.

Understanding the difference is especially important when comparing policies or changing insurance companies.

Claims-Made Dental Malpractice Insurance

Claims-made coverage generally requires the professional incident to fall within the applicable coverage period and the claim to be made and reported according to the policy's requirements.

A retroactive date may establish how far back eligible professional services are covered.

When claims-made coverage ends, additional protection may be required for professional services performed under the previous policy.

This is where tail coverage or prior acts coverage may become important.

Occurrence Dental Malpractice Insurance

Occurrence coverage generally responds based on when the covered professional incident occurred.

If the qualifying incident occurred while the policy was active, the policy may respond even if the claim is made later, subject to the terms and limits of the policy.

Both forms of coverage have important considerations, so price alone should not determine which policy you select.

What Is Occurrence-Based Medical Malpractice Insurance?

Changing Dental Practices or Insurance Carriers?

Dentists changing employers, practices or malpractice insurance carriers should determine how their previous professional services will remain protected.

If your existing policy is claims-made, you may need:

• Tail or extended reporting coverage
• Prior acts coverage from a new insurer
• Continued protection provided by your previous employer
• Another arrangement specified in your employment agreement

One of the most important pieces of information is your retroactive date.

Before changing coverage, confirm that you understand what happens to claims arising from dental services performed under the previous policy.

Tail Insurance for Dentists & Oral Surgeons

Dental professionals insured under claims-made policies may encounter tail coverage when changing practices, carriers or employment arrangements.

Tail insurance allows certain claims arising from eligible professional services performed before the previous claims-made policy ended to be reported during an extended reporting period.

The cost and availability of dental tail coverage can vary depending on:

• Specialty
• Previous coverage
• Retroactive date
• Policy limits
• Claims history
• Insurance company
• Length of prior coverage

If you have already received a tail quote, Clifton Insurance Agency can help you review your situation and determine whether other options may be available.

Prior Acts & Tail

Individual Dentist Coverage vs. Practice Coverage

An individual malpractice policy and insurance for the dental practice itself are not necessarily the same thing.

A dental practice may include:

• Practice owners
• Associate dentists
• Dental hygienists
• Dental assistants
• Independent contractors
• Business entities
• Multiple office locations

Depending on the structure of the practice and policy, entity coverage or additional insured professionals may need to be considered.

Practice owners should make sure both their individual professional exposure and the liability of the business have been evaluated.

Coverage for Associate Dentists & Independent Contractors

Associate dentists should understand exactly what malpractice insurance is being provided by the practice.

Important questions include:

• Am I individually covered?
• What liability limits apply?
• Are limits shared with the practice or other dentists?
• Is the coverage claims-made or occurrence?
• Who is responsible for tail coverage?
• Are outside professional activities covered?
• What happens to my coverage when I leave?
• Does the policy cover all procedures I perform?

Independent contractor dentists should pay particular attention to contractual insurance requirements.

Do not assume that working inside another dentist's office automatically means that office's malpractice policy provides all of the professional liability protection you need.

What Should Dentists Look for in a Malpractice Policy?

Premium is important, but it is only one part of comparing dental malpractice insurance.

Depending on the carrier and policy, dentists should review areas such as:

• Per-claim liability limit
• Annual aggregate limit
• Claims-made or occurrence coverage
• Retroactive date
• Tail coverage requirements
• Prior acts coverage
• Defense costs
• Consent-to-settle provisions
• Licensing board defense
• Coverage for employees or auxiliary staff
• Entity coverage
• Coverage territory
• Policy exclusions

The least expensive malpractice policy is not necessarily the policy that provides the best fit for your dental practice.

Clifton Insurance Agency can help you compare both price and coverage features.

Consent-to-Settle Provisions

Some dental malpractice policies contain a consent-to-settle provision.

This provision addresses the insured dentist's role in decisions involving settlement of a covered malpractice claim.

However, the wording can differ substantially from one insurance policy to another.

Dentists comparing professional liability insurance should review how the policy addresses consent, settlement authority and any related provisions rather than assuming all carriers handle claims the same way.

What Affects the Cost of Dental Malpractice Insurance?

There is no single malpractice insurance premium that applies to every dentist.

Pricing can be influenced by factors such as:

• State
• Dental specialty
• Procedures performed
• Full-time or part-time practice
• Claims history
• Years in practice
• Policy limits
• Claims-made or occurrence coverage
• Number of locations
• Previous insurance history

For example, the insurance exposure of a part-time general dentist may differ significantly from that of a full-time oral surgeon performing surgical procedures and anesthesia.

Providing complete practice information allows insurers to evaluate your actual professional risk.

Dental Malpractice Insurance for New Dentists

Dentists beginning their careers may be purchasing professional liability insurance for the first time or receiving coverage through their first employer.

This is a good time to become familiar with concepts such as:

• Claims-made vs. occurrence coverage
• Liability limits
• Retroactive dates
• Tail insurance
• Employer-provided coverage
• Individual malpractice coverage
• Consent-to-settle
• Licensing defense

Understanding these terms early can make future employment and insurance decisions much easier.

New dentists should also retain copies of their malpractice policies and certificates of insurance as their careers progress.

Dental Malpractice Insurance When Opening a Practice

Opening your own dental practice changes the insurance conversation.

In addition to your personal professional liability exposure, you may need to consider the risks associated with the business itself.

Depending on your practice, insurance considerations can include:

• Professional liability
• Business entity coverage
• General liability
• Commercial property
• Equipment
• Cyber and privacy liability
• Employment-related exposures
• Workers' compensation
• Other business insurance

The appropriate insurance program depends on the structure, location and services of the individual dental practice.

Business Insurance / General Liability

Why Work With Clifton Insurance Agency?

Clifton Insurance Agency specializes in professional liability and medical malpractice insurance and works with dentists, oral surgeons and other healthcare professionals nationwide.

We can help evaluate coverage based on your specialty, procedures, claims history, practice arrangement and other individual circumstances.

Whether you are buying your first dental malpractice policy, opening a practice, changing insurance carriers or reviewing an existing policy, our team can help you compare available options and understand the differences between them.

Request a Dental Malpractice Insurance Quote

Your professional liability insurance should reflect the dentistry you actually practice.

Tell us about your specialty, procedures, location, current coverage and insurance needs using the quote request form.

Clifton Insurance Agency can then help you evaluate available dental malpractice insurance options.

Request a dental malpractice insurance quote online or call 877-212-4368 for assistance.

Dental Malpractice Insurance FAQs

Do dentists need malpractice insurance?

Professional liability requirements and contractual obligations vary by state and practice arrangement. Even where a particular coverage limit is not mandated, dentists can face allegations arising from professional dental services. Dentists should determine what coverage is appropriate for their location and practice.

What is the difference between dental malpractice insurance and professional liability insurance?

In the dental context, the terms are commonly used to describe insurance protecting against covered allegations arising from professional dental services. The precise coverage is determined by the individual policy.

Do oral surgeons need different malpractice insurance?

Oral and maxillofacial surgeons may have different underwriting considerations because of their specialty and the surgical, sedation or anesthesia services they perform. The full scope of practice should be disclosed when requesting coverage.

Is dental malpractice insurance claims-made or occurrence?

Both types may be available. Claims-made and occurrence policies handle the timing of claims differently, so dentists should understand which form they are purchasing and whether tail or prior acts coverage could eventually be needed.

Do associate dentists need their own malpractice insurance?

That depends on the employer's policy, employment agreement and the dentist's professional activities. Associate dentists should verify what employer coverage applies to them, what limits are available and whether outside work is covered.

Do dentists need tail malpractice insurance when changing jobs?

Potentially. Dentists leaving claims-made coverage may need tail insurance or qualifying prior acts coverage unless another arrangement protects their previous professional services.

Does dental malpractice insurance cover licensing board complaints?

Some professional liability policies include separate license-defense benefits, but this is not universal. Limits, conditions and exclusions should be reviewed before selecting a policy.

Can a dental practice be covered in addition to the individual dentist?

Depending on the insurer and practice structure, coverage may be available for both individual dentists and the dental business entity. The entity should be specifically evaluated rather than assuming it is automatically protected.