Dental Malpractice Information

Like medical doctors, dentists are required to carry malpractice insurance. Malpractice insurance protects the dentist from personal and professional liability in the event of a malpractice suit. According to the 2007 American Association of Dental Consultants Workshop, a malpractice suit can be filed by a client if he feels there was a failure to diagnose a serious condition or if the patient were to die during surgery.

What Qualifies as Dental Malpractice?

• According to the legal website LawInfo.com, dental malpractice is any form of neglect or intentional act that leads to the injury or death of a patient. This can include the death of a patient during oral surgery or an infection obtained from tools. Malpractice also includes injury, especially permanent injury, sustained during dental treatment. Injuries can include damage to the tongue, jaw, gums or lips. Performing unnecessary procedures, such as unnecessary tooth extraction, is also considered malpractice.

Other Cases of Dental Malpractice

• According to LawInfo.com, malpractice also can include less common circumstances such as failure to diagnose or treat an oral condition such as cancer, failure of the dentist to gain informed consent from the patient for procedures, breaching client confidentiality or the inappropriate behavior of the dentist such as patient molestation. According to the 2007 Dental Consultants Workshop, malpractice not only applies to the dentist but also to employees of the dental office such as dental hygienists.

Statute of Limitations

• Dental malpractice is covered by the statute of limitations, which varies by state. According to LawInfo.com, some states provide patients with 180 days to file a malpractice suit. According to the California Statute of Limitations for Adults, malpractice cases must be filed within one year of the patient suspecting that an injury or condition can be attributed to a dental procedure and within three years of the injury first appearing. If the patient does not file within that time he is not be allowed to pursue the suit in court.

Dental Malpractice Insurance

• The requirements for a dentist to hold medical malpractice or professional liability insurance, and the amount and scope of that insurance vary by state. According to the California Dental Association, dentists in California are not required to hold insurance, but if the dentist is sued and does not have insurance, she is still liable. Medical malpractice insurance helps to protect the dentist's business by managing and fighting malpractice claims. Malpractice insurance helps to cover liability, minus the deductible, when malpractice cases are settled. The amount covered by the insurance depends on coverage limits on the policy.

Statistics

• According to the 2007 American Association of Dental Consultants Workshop, dental malpractice suits account for 5 percent of all medical malpractice suits. Of these cases, 62 percent are won by the dentist; 38 percent are won by the patient. Through 2004, only 13 percent of dentists had a malpractice complaint filed against them.