Liability Insurance

FYI: Liability insurance is the same as Malpractice insurance.

Summary (from Windie):  We are covered for liability insurance by the dentist. "Because the dentist is the owner of the practice, he/she is held liable for the acts of the employee while the employee is carrying out the business of the employer."

From: Dimensions in Dental Hygiene
http://www.dimensionsofdentalhygiene.com/ddhright.aspx?id=414

Professional Liability Insurance


Professional liability insurance is intended to cover the insured in the case of liability from professional services. Most dental hygienists are employed in a private practice setting where the dentist is the owner of the practice. Because the dentist is the owner of the practice, he/she is held liable for the acts of the employee while the employee is carrying out the business of the employer. This doctrine is known as respondent superior. Even though all of this is true, there are several reasons why dental hygienists need their own policy.



First, the purpose of the insurance policy is to protect the dental hygienist’s personal and professional assets. The cost of most policies is very little (usually less than $100 a year) and they offer ample monetary coverage in the event of a lawsuit. Second, the employer’s policy represents the dental hygienist only if the dentist is named in the lawsuit.3 If both employer and dental hygienist are named in the suit and the employer’s name is later dropped, the insurance policy may not cover the dental hygienist. Third, each policy has limits for amounts of coverage. If the limits are met by covering the employer, the dental hygienist may be left to cover all additional expenses incurred (attorney fees, court costs).3 Fourth, hygienists need a policy of their own to provide for independent legal representation if needed. There are situations where complaints have been filed against dental hygienists to the state or regional Board of Dentistry. In these situations, dental hygienists need their own attorney.



Types of Insurance

Two types of professional liability insurance exist. The occurrence policy protects the professional against claims occurring during the policy period, regardless of when the claim is presented to the insurance company. In addition, this protection exists whether or not the policy is still in force at the time the claim is made. With this policy, there is no need to purchase additional insurance coverage to cover past acts when changing insurance carriers, retiring from practice, etc.4 The more common type of liability insurance policy is the claims made policy. This policy covers the dental hygienist against malpractice allegations that arise from dental treatments rendered and reported while the policy is in force. If a claim is brought after the policy has terminated, there is no protection. Extended reporting endorsement or “tail coverage” may be purchased to provide coverage after a claims made policy has been terminated.5 When purchasing a policy, be sure to evaluate the wording regarding exclusions (situations that will not be covered), coverage in the case of a Board of Dentistry complaint, and availability of “tail coverage” after you leave your practice.



Dental hygienists must maintain the highest professional standards of care when treating their patients. The standard of care must be met or exceeded in every instance.