Professional Liability Benefits
- Professional Liability -- Up to $5 million per occurrence/$6 million aggregate
- License Defense Expenses -- Up to Professional Liability Limits
- Personal and Advertising Injury -- Up to Professional Liability Limits
- Deductibles -- $0, $1,000, $2,500, $5,000 and $10,000
- Abuse and Molestation
- HIPAA Proceedings Supplementary Benefits Endorsement -- $30,000 aggregate
- Media Event Expenses Supplementary Benefits Endorsement -- $25,000 aggregate
- Proceeding Expense Reimbursement -- Up to $500 per day
- Corporate Identity Protection -- $10,000; up to $100,000 limits available
- Consulting Services -- Up to Professional Liability Limits
- Accreditation, Standards Review or Other Professional Board Activities -- Up to Professional Liability Limits
- Patient First Aid Medical Expenses -- $10,000 per person
Special Liability Package Endorsement (optional)
- General Liability -- Up to $5 million per occurrence/$6 million aggregate
- Non-owned/Hired Auto Liability -- Up to General Liability limits
- Organization/Entity Coverage -- For partnerships, corporations or professional associations
- Medical Waste Defense -- Up to $50,000 per occurrence/$50,000 aggregate
- Billing Errors & Omissions -- $25,000
- Employment Practices Liability -- Up to $750,000 each claim/$750,000 aggregate available
Optional Coverage
- ERISA Fiduciary Liability -- Up to $100,000 each claim/$100,000 aggregate available
Policy terms may vary by state and are subject to state approval.
Dental Malpractice can be real or perceived. Of the 5,588 dental malpractice claims reported to CNA over a 5-year study period, 35% resulted in no payment to the plaintiff. The case was either successfully defended at trial, the patient dropped the complaint, or the court dismissed the case prior to trial.
Even though there was no plaintiff payment in these cases, it cost an average of $10,137 to defend them. This is an important component of professional liability insurance. In addition to court settlements and judgments, it pays
unlimited legal expenses, like attorneys’ fees and court costs.
Additional data from CNA’s 5-year study:
- The average dental malpractice claim (payment plus legal defense) costs $107,915
- 20% of dental malpractice claims resulted in a payment of between $10,000 and $1 million
- Oral surgeons have the highest malpractice claim severity, an average cost of $249,689
- The most frequent procedures that result in malpractice allegations are:
- Extractions (22%)
- Root canal therapy (19%)
- Implants (11%)
- Crowns (11%)
Resource:
Dental Professional Liability 2016 Claim Report, CNA Insurance, October 2017.
Professional liability includes a number of important coverage extensions, including license protection. Lose your license, lose your ability to practice. An injury isn't required to file a license complaint with your state board as it could even be related to something you posted on social media.
- Complaints can be filed by anyone: a patient, family member, colleague, employer or staff member
- 29% of the professional liability claims in CNA’s 5-year study resulted from license complaints
- 23% of license complaints are a result of allegations of ‘general dissatisfaction’
- $4,435: The average cost to hire an attorney to defend a license complaint
You receive the same license protection limits as your professional liability limits. This allows you to hire an attorney to help you respond to the complaint. Rather than appearing alone, taking an attorney with you to a board hearing increases your odds of a successful outcome.
Resource:
Dental Professional Liability 2016 Claim Report, CNA Insurance, October 2017.
Complete our form for more information on optional coverages or to get a quote.
Commercial General Liability
General Liability is a foundational business insurance policy. It insures your business from claims of third-party injury or property damage, a tenant’s legal liability to their landlord, products liability, advertising injury, and more.
Commercial Property
This policy insures the physical assets of the business and is appropriate whether you own or lease your space.
Commercial Automobile
Commercial Automobile Insurance, similar to your personal automobile insurance policy, provides coverages such as liability, collision, comprehensive, medical payments, and uninsured motorist coverage.
Umbrella Liability
An umbrella liability policy will provide liability limits over some of the most common business insurance policies (for example, General Liability, Commercial Auto, Workers’ Compensation). Umbrella liability coverage is often purchased to satisfy insurance requirements for a customer, or for businesses with greater than $1M in annual revenue.
Excess Liability
Excess liability insurance is provided above a specified underlying policy in order to provide a higher limit of coverage for larger claims.
Workers’ Compensation
Occupational Injuries and Illness - medical expenses and wage replacement
Business Owners' Coverage Options *****
Property
Building (if owned) and contents
Commercial General Liability
Bodily injury and property damage
Business Income Protection
Actual loss sustained up to 12 months
Additional Coverage Extensions
Accounts receivables records, privacy and security liability, employee theft and more
***** Not available in all states or for all professions
All descriptions, summaries or highlights of coverage are for general informational purposes only and do not amend, alter or modify the actual terms or conditions of any insurance policy. Coverage is governed only by the terms and conditions of the relevant policy.
Professional liability will cover you in all of the following hypothetical scenarios if...
- After a routine cleaning, a patient files suit claiming you failed to diagnose oral cancer.
- Your state dental board investigates a claim of false advertising against you.
- A patient alleges you touched them inappropriately and sues for sexual misconduct.
- A neighbor asks for advice then later files suit against you, claiming your advice resulted in an injury.
- A patient complains to your state board that you breached their HIPAA privacy rights.
- You dismiss a problem patient and they file suit claiming abandonment.
What is the difference between an occurrence and claims-made policy?
Dentist’s Advantage offers two different types of professional liability coverage forms: occurrence and claims made. Which form you have determines when malpractice claims are covered—and not covered.
Occurrence Policy
Occurrence policies offer coverage for claims that occur while the policy is active. Even if the policy has expired or been canceled, if the incident occurred while the policy was in force, coverage is available.
Claims-Made Policy
Claims-made policies offer coverage for claims that occur and are reported while the policy is in force. Once the policy expires, coverage expires.
When a claims-made policy is cancelled it is possible to purchase an Extended Reporting Period endorsement, or ‘tail coverage.’ Tail coverage extends the time alleged incidents may be reported.
Considering the added complexity that is inherent with the claims-made policy, you may be asking yourself, why would anyone purchase one? The answer, quite simply, is the price.
Premiums are lower during the first few years of a claims-made policy. The claims-made rate slowly increases and becomes comparable to the occurrence policy rate.
Which policy is right for you?
The coverage afforded by both policy forms is identical. The difference comes down to when you can report a claim. The occurrence form gives you more flexibility, while the claims-made policy gives you a premium discount up front—which can be important when just starting a practice.
Still not sure which is the right choice for you? Call 888.778.3981.
The National Society of Dental Practitioners (NSDP)
When you choose Dentist’s Advantage as your professional liability program, you automatically become a member of the National Society of Dental Practitioners. There is a modest premium charge for NSDP membership, which is more than offset by an automatic risk management premium credit.
The NSDP is comprised of a team of dentists, dentist attorneys and dental risk managers who contribute to the Dentist’s Advantage risk management program in two ways:
- They act in an advisory capacity ensuring that our professional liability coverage remains current with the needs of working dentists. If a new exposure arises and we need to work with our underwriter to enhance the policy, they bring it to our attention.
- They also provide a wealth of risk management resources designed to help you and your staff reduce their malpractice exposures. Resources that you’ll find on this site include:
Professional Liability Program Highlights
- All dental specialties included
- Protection for the entire office
- Legal defense fees paid in addition to liability limits
- Occurrence & claims-made forms available
- Flexible coverage limits
- Available in all 50 states
- Absolute consent to settle provision
- Free ‘tail’ coverage at retirement*
- Membership in the NSDP included
- 24/7 hotline fielded by dental risk experts
- Robust risk management resources
*Must be 50 years or older and insured through Dentist’s Advantage for at least five years.
Find out if you qualify for these money-saving discounts:
- AGD members, fellows, masters
- Dental school graduates
- ADA membership
- Part-time dentists
- Group practice
- Loss control procedures
- Operational controls
- Claim-free credits
- Disability or leave of absence
- Waiver of consent to settle