What Every Dentist Should Know About Malpractice

Dentists aren’t immune to malpractice suits and malpractice suits are not known for being cheap! In fact, according to the Bureau of Justice, the average cost for a dental malpractice suit is $50,000 - $55,000, and that doesn’t even include the cost of a legal defense! Even cases that are dismissed will cost you around $5,000. The coast of malpractice alone is enough to make sure you’re being hyper-vigilant.

Another reason to make sure you’re on top of your game is the damage that a malpractice suit can do to your reputation as a dentist. Patients accusing you of malpractice are essentially saying that your work has failed to meet expectations or that you violated a professional standard of care. This can be incredibly damaging when you’re trying to bring in and retain patients.

The absolute best way to avoid malpractice lawsuits is to make sure they never happen! We know this is the goal of every health care provider, so we’ve put together a list of tips to keep yourself and your practice safe.

What Can Lead to a Malpractice Claim?

First, it’s important to know what can lead to a dental malpractice claim. Below are a few of the more common claims made against dental professionals:

• Procedures or treatments that have failed: Patients can claim that you damaged their teeth during a procedure and they can also allege that you failed to notice issues during a routine exam.
• Not giving a patient enough information: Patients can claim that you didn’t give them all of their available options or didn’t properly explain the risks.  
• Faulty products and equipment: You can be blamed for devices or materials that malfunction. Even though you didn’t manufacture the materials, you can still be held liable.
• Improper professional advice: Patients can claim that you didn’t refer them to the proper specialist when they needed to be or that you didn’t provide a proper medical opinion
• Misdiagnosis: You can be accused of incorrect diagnosis, or a making a diagnosis too late to properly take care of the problem.

How Can I Prevent a Malpractice Lawsuit?

Below are some tips on how to avoid a malpractice suit:

• Communication: Don’t ever treat a patient until you’re certain that they understand their procedure and the risks. It might be a good idea to have the patient sign a consent form (stating that they understand the procedure and the risks) before you perform their procedure.
• Perform correct follow-up: Your staff needs to have follow-up protocol in place. If your patient misses their appointment, you could be missing an opportunity to make a diagnosis. There needs to be records that you attempted to follow-up with your patients.
• Be realistic about your abilities: If you don’t feel completely comfortable performing a procedure, always refer your patient to the proper specialist.
• Keep reliable, accurate records: Record everything, even any mistakes that were made. If there is a complication that your patient discovers later, this can be a motive to file a claim against you. In addition, if you discover that a patient is filing a claim, don’t alter their file in any way, even if it’s just to make a clarification.

To speak with an experienced and knowledgeable dental consultant, please contact CTC National. We’re happy to help!