Negligence And Malpractice

Protection With Dental Malpractice Insurance

In a perfect world, dental malpractice insurance would not be needed but unfortunately, with so many dentists and patients, it is inevitable that lawsuits will be filed.  In some cases, patients have a legitimate claim after experiencing some type of harm or damage, and in rare cases, death.  However, there are also lawsuits that never make it to settlement or trial because after careful review by an attorney, the necessary criterion is not met.  No matter, dentists need dental malpractice insurance just in case something was to happen.

A huge misconception about dental malpractice insurance is that only subpar medical professionals need protection but in truth, even the top doctors, surgeons, and dentists in the world are sued.  If a problem arises, the medical professional would be notified that a potential claim was being filed, which causes overwhelming fear.  Then for honest dentists, those who are hard-working and caring, fear quickly turns to anger in that their professional care is being questioned.

The thing dentists need to remember is that a potential lawsuit is not a personal attack.  Therefore, if this situation should come up, the dentist needs to stay on a business level.  When talking to the representative of the insurance company that holds the dentist malpractice insurance policy, the dentist has the right to voice his or her side of the story, staying calm and professional but not backing down.  On the other hand, if the dentist discovered the possibility of a claim being filed before the insurance company, he/she would need to notify the agent or representative.

When the professional has dental malpractice insurance and a claim is pending that has lawsuit potential, chances are the insurance company would appoint an attorney who would then review any documentation and “evidence”, followed by sitting down with the dentist to discuss the situation.  During this time, even if tempted, the dentist should never discuss the incident with family, friends, and even people in the office that may or may not know something.

After all, the company that sold the dental malpractice insurance policy has interest in the dentist so representatives will do what it takes to settle the claim out of court or ensure the dentist has the best legal support for trial and too much talk can lead to unnecessary problems.  The purpose of having dental malpractice insurance is protection should a patient file a lawsuit and win.

However, the goal of the insurance company and attorney is to minimize the damages as much as possible.  To help reduce potential for claims, the dentist should stay in control of the business, which means communicating with the patients and understanding their needs, knowing the finances, staying current on new medication and treatment options, and always following good and fair business practices.

Even with dental malpractice insurance a patient could feel he or she received poor quality or harmful care, perhaps because the dentist was negligent, a misdiagnosis was made, etc.  At that time, it is important for the dentist, insurance company, and appointed attorney to work from the same page so a defense strategy could be devised.  Every step of the process would be carefully guided, such as the deposition. 
The dentist needs to be 100% honest and prepared to be drilled.

When it comes to maintaining dental malpractice insurance, it needs to be looked at from two sides.  First, there is the side on which the dentist has protection of the policy just in case a patient was to file a claim or lawsuit.  On this, it is imperative that the medical professional has the right coverage.  Second, there is the side that requires action from the dentist.  If this professional understands the patients and operations of the business, then potential mistakes that could lead to a claim or lawsuit could be avoided.