Potential Dental Malpractice Claims: What to Do When Incidents Cause Concern

Even the most competent and experienced dentists might wonder occasionally, Could I be sued? Perhaps they’re thinking of a specific incident, or they know another dentist who’s faced a lawsuit or peer review. Or, perhaps an angry patient has threatened to file a claim. Either way, as a dentist, you will want to know what to do if you’re concerned about a potential dental malpractice claim, and how to help make sure you get a proper defense.

In this article, we share a real story of a dentist who accidentally injured a patient and the steps he took in response. We then answer common questions dentists ask their dental malpractice insurance provider when something goes wrong. These insights will help prepare you if you ever fear a dental malpractice claim or peer review is possible.

Real Story: A Punctured Tooth Results in a Visit to the ER

The story begins with a dentist whose patient visited for a badly damaged tooth. As part of the treatment, the dentist had to repair a broken post in a root canal. During the procedure, something unexpected happened: the broken post caused the dentist’s instrument to veer and puncture the tooth.

After grinding the post, the dentist directed the air and water syringe into the canal to dry the tooth. That led to a concerning result: air escaping into the patient’s facial tissue, causing his left eye to enlarge.

The dentist immediately called 9-1-1, and the patient was taken to the hospital where he was treated. Shortly after, the swelling subsided, and the patient was released.

That same day, the dentist took an important step to help protect himself; he contacted his dental malpractice insurance provider, Berxi, part of Berkshire Hathaway Specialty Insurance Company (BHSIC), and notified us about the incident.

That notice of claim landed in the hands of Complex Claims Director Jessica McCarthy, who knew what to do. “In these situations, we contact the insured to get their side of the story,” she shares. “Based on what we learn, we decide whether to close the file or to wait to see if the patient takes any further action against our client.”

In this case, Jessica reached out to the client the same day to find out more about what happened. When she eventually connected with the dentist, she opened a file and documented his side of the story, which would aid her to assess potential areas of liability.

“After getting the details of what happened, I told him I would keep the file open for 30-60 days and to reach out to me if anything changed.” (Keep reading to find out if the patient ever sued.)

8 Questions Dentists Ask about Potential Malpractice Claims

As the story demonstrates, adverse incidents do happen. The key is knowing what to do and how to help protect yourself. Here are some answers to four questions dentists often ask when something goes wrong.

A dental patient is furious and said they are suing. What should I do?

There’s a reason dentists carry malpractice insurance – to protect themselves. That’s why it’s critical to notify your dental malpractice carrier as soon as an incident happens – even if you aren’t sure whether the patient will really take further action.

This can give your claims team the most details about what happened while they’re fresh in your mind.

If your claims adjuster wants to start an investigation, they will then ask you for your incident report and witness documentation, which is important for you to have for your own files.

What kind of incidents require notice?

You should write a formal incident report whenever a patient says they have felt threatened or harmed while in your office. You should also write a report when procedures that are considered routine have varied from the usual standard.

Each state has rules of what requires an official incident report., However, you will file the written incident report in your administrative office records in case you need it in the future. If you’re filing a report in your office, you should also alert your dental malpractice insurance team.

Examples of reportable incidents according to the Journal of the American Dental Association include:

• Errors with administering medications
• Falls from chairs or equipment, or fainting
• Patient struck by tools or equipment
• Excessive bleeding after soft tissue grafting
• Ingested fluoride
• Burns from dental lasers

My hygienist made an error. Could both of us be sued?

You will have to wait for the claim to come through to see how many people are named in the lawsuit, but it is possible that the dentist presiding over the hygienist is also listed on the initial claim.

In terms of dental malpractice coverage for the hygienist, if you are the insured and your policy covers employees, then your policy may cover your hygienist. It would also cover you if you were to also be named in the claim.

Either way, you and your hygienist will want to follow through with all incident report procedures and submit it to your dental malpractice team as a possible claim.

My patient is threatening to call the licensing board. What should I do?

You can’t control whether a client decides to go through with this threat, but you can help protect yourself by contacting your dental malpractice provider immediately so they can prepare to defend you.

“At Berxi, our malpractice policies provide up to $25,000 for licensing board defense coverage,” shares Jessica. “Same goes for a Peer Review Committee coverage.” Having advanced notice about the incident allows Jessica to determine whether she should line up an attorney early or wait until the patient acts against you.

Again, this is all about preparing you and your records so you can get a proper defense.

Do I have to tell my dental malpractice provider if I made a mistake with a patient?

Part of the terms of a Berxi policy is that policyholders must notify us about adverse incidents. This allows us to get your side of the story while it’s still fresh in your mind. If the claims manager thinks it’s likely to become a claim, they might start lining up an attorney and start strategizing your defense. “It puts the issue in our hands and takes the stress off our clients,” adds Jessica.

Will my premium increase if I tell my malpractice provider about an adverse incident?

At Berxi being involved in an incident will not affect the price of your policy.

What should I look for in a dental malpractice insurance company?

You always want to provide the best treatment and care, but errors and unforeseen events could put you at risk of a licensing board complaint or lawsuit. A strong dental malpractice provider can help provide the peace of mind and aid in protecting you , but not all dental malpractice insurance providers are alike. It’s important to choose a company that always has your back and offers:

• Financial strength and stability to pay claims if they should happen.
• An empathetic, experienced, and responsive claims team to support you every step of the way.
• A provider that works with experienced attorneys who specialize in board complaints and dental liability lawsuits.
• Policies that offer automatic coverage extensions to pay defense costs for licensing board complaints.

How do I submit a potential claim?

Most insurance companies will have a special number, email or website where you can submit claims. At Berxi, you can call or log in to our portal to complete a notice of complaint. Just go to Berxi.com and sign in. You can also find specific instructions on the back of every policy.

A Favorable Outcome for Our Client

Our client in the story above never had to face a lawsuit or licensing complaint. However, by reporting the incident to Berxi in advance, he allowed us to complete an initial investigation to move things along if something further did materialize.

“We do this a lot and have a sense for when an adverse incident may turn into something more,” shares Jessica. “In this case, our client was fortunate, but that doesn’t always happen.”

To get the peace of mind from knowing that Berxi will have your back, learn more about our dental malpractice insurance today.

get a quote

More:

• Dental
• Risk Management
• Real Stories
• Insurance EDU
• Dentists

The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer