Territorial Differences: Dental malpractice insurance companies determine rates partially by territory. In general, a more urban, populated area of Florida is more suit-prone than a rural, less populated area. Some counties have a higher proportion of litigation attorneys relative to Dentists, thereby bringing on dental malpractice claims. Most dental malpractice companies rate up for Dade, Broward and Palm Beach counties. Some rate up for Hillsborough and Pinellas counties. The remainder of the State of Florida is one rating territory, with generally lower rates.

Procedural Based Rating for Dentists: Some companies are increasing rates for dentists performing higher risk procedures, such as surgical placement of implants or extractions of impacted teeth. Simple extractions are exempt from this rate increase. This trend should continue through the next few years, as the economy forces more and more general dentists to veer into performing procedures formerly reserved for oral surgeons and periodontists. Regretably, claims are occurring with greater severity and frequency, thereby driving up rates.

Rating Up for Anesthesia: If a dentist uses IV or IM sedation, or employs multi-dose oral sedation or general anesthesia, his rates will increase, depending on the carrier. The dental malpractice insurance companies have determined that the risk of a dental lawsuit is higher for dentists who work under these anesthesia vehicles.

Botox: Many general dentists are now doing dermal filler tharapy and Botox therapy in their offices. Both are immensely popular and, according to our clients, easy to accomplish by a general dentist with proper training. We are asked all the time if a general dentist will pay more for medical malpractice insurance if he performs facial cosmetic procedures. The answer is not usually. Where companies used to charge more for malpractice insurance for dentists performing these procedures, most have eliminated the charge.

The bottom line is that dental malpractice insurance underwriting is changing, as more dentists perform riskier procedures. Rising dental malpractice premiums are forcing some general dentists to drop these procedures. Other dentists are going ahead and paying the higher premium.

Remember that there is competition in the dental malpractice insurance marketplace. It pays to shop around—with a specialized dental malpractice insurance agent who handles more than one medical malpractice insurance company. It pays to compare dental malpractice insurance carriers, rates, and coverage to find the policy that best fits your particular needs. (Always be sure that you are not receiving an inferior dental malpractice insurance product, however, as that could spell disaster at the time of a claim.)

We at Gracey-Backer, Inc. have specialized in dental malpractice insurance for Florida dentists and oral surgeons since 1982. We represent the finest dental malpractice carriers in Florida and can help the Florida dentist find the policy and premium that best suits his or her needs.

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The following are some considerations in choosing a dental malpractice insurance company:

1. Does the Company specialize in dental malpractice insurance? The Florida dentist should pick a company that knows their business—not one where dentistry is a subset of a larger focus. For instance, if the malpractice insurance company specializes in insuring physicians and surgeons or or lawyers or accountants, everything dental may take a back seat, including defense and risk management. It is important to pick a dental malpractice company that understands the unique needs of the Florida dentist.
2. Is the Company aggressive in defending dental malpractice claims? At the time of a loss, a Florida dentist surely wants a company that can roll up its sleeves and defend them, especially if the litigation is frivilous. It is vital to check with dental peers who have experienced lawsuits to see how aggressive the company was.
3. Does the Company have enough experience in insuring dentists? A Florida dentist does not want to be with a company that is new or is just building up capital to be sold. During the malpractice crisis of the 1990’s, many Florida malpractice companies exited the State, leaving the clients high and dry and scrambling to find other coverage.
4. Does the Company insure a significant number of dentists? Insurance is a “game” of large numbers. The more dentists a dental malpractice insurance company insures, and the wider the territorial range, the more stable it is. Especially for a litigious state like Florida, it is vital that the other states help to lessen the risk of a concentration of losses.
5. Does the Company offer a Risk Management Program? As any Florida dentist who has been through dental malpractice litigation can tell, lawsuits are awful and should be avoided at all costs. A quality Risk Management Program, geared specifically to the dentist, and, hopefully, giving a premium credit, will help the Florida dentist avoid a dental malpractice lawsuit and the attendant problems it brings.

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When purchasing a Florida dental malpractice insurance policy, it is important to consider the limits of liability, the total dollar amount the dental malpractice insurance company is willing to pay in the event of a loss. Most Florida dentists purchase limits of liability of $1 million per occurrence/$3 million aggregate. Other limits are available. The dental malpractice insurance policy is usually written without a deductible. It is important to purchase limits of liability sufficiently high enough to cover the Florida dentist in the event of a catastrophic claim—a death or failure to diagnose oral cancer, for example.

In choosing the right Florida dental malpractice insurance carrier, it is important to know the reputation of the carrier. Be sure to choose a dental malpractice insurance carrier with at least a rating of “A” (Excellent) by A.M. Best, the nation’s premier insurance company rating agency. Be sure the company is skilled in insuring dentists, and that you do not take a back seat to other physician or surgeon specialties. Remember that your assets and your professional reputation are at stake. No one thinks they will have a loss; however, if you do, you will be glad you are insured by the strongest, most aggressive dental malpractice carrier.

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For an explanation of Dental Malpractice Insurance, call John Gracey Backer, CPA, at Gracey-Backer, Inc. 800-272-6055 X128

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The answer is NO. Florida dentists switch dental malpractice insurance carriers all the time. The market for dental malpractice insurance is in constant flux. Dental malpractice companies come and go. Companies raise malpractice rates and reduce malpractice rates. Dentists move from office to office, open their own practices, and retire from the practice of dentistry.

It is easy to change carriers, as long as you watch out for a few simple things. Do NOT change your retroactive date—the date when coverage first began. The new dental malpractice insurance carrier can provide retroactive coverage, maintaining your original retroactive date. If you are switching from an occurrence dental malpractice policy to a claims-made one, the new dental malpractice carrier will set the retroactive date at the start of the claims-made policy. If you are retiring, your agent should have you in the position where you are eligible for a free tail.
The dental malpractice insurance market is competitive now, as new carriers enter and reduce premiums to gain market share. Know your options. Call Gracey-Backer, Inc. for a no-obligation review of your dental malpractice insurance program. Switching dental malpractice carriers has never been so easy.

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Some of the blame for rising dental malpractice insurance premiums may rest on the training the dentist receives. Many dental clinicians receive their implant training from CE courses offered by companies selling the implant product. These courses may not offer the hands-on experience that dental schools offer in their curriculum. Sometimes, the success of the implant is exaggerated so the dentist is not prepared for a complication. All of this is a concern to dental malpractice insurance companies.

In addition, the weak economy is forcing some dentists to be more aggressive in their placement of implants than recommended. Implants are being placed by dentists in compromised sites on compromised patients with inadequate bone and soft tissue. These added dental implant procedures and aggressive protocols require more extensive training than may be in place for routine implant placement. As one dentist said, “the more complicated the case, the more potential for complications”. Regrettably, some dentists today lack the training, skill and experience to be able to respond to unanticipated complications. This aggressive treatment protocol can lead to dental malpractice insurance claims.
For years now, most dental malpractice insurance companies took a “wait and see” approach to determining rates for placement of dental implants. They treated most dentists the same, or rated up based on the types of anesthesia the dentist used. Now, the dental malpractice insurance companies are seeing a rise in dental malpractice lawsuits for the reasons stated above. Rates are reflecting the inherent risk in placing implants and the resulting complication—which may be minimal, reversible, or irreversible in nature.

As dental malpractice insurance rates rise, many dentists who place a small number of implants are being forced to discontinue the procedures. Others are biting the bullet and paying the higher dental malpractice premiums, so they may continue to practice implant surgery. The important thing is to compare dental malpractice companies, rates, and coverage to find the policy that best fits your needs. We at Gracey-Backer, Inc. represent the finest dental malpractice carriers and can help you find the policy and premium that best suits you.

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One of the most important aspects of a good dental malpractice insurance company is its focus on dentistry. If the company is primarily a writer of physician malpractice insurance, dentists could well be pushed into the background. We like companies who specialize in dental malpractice insurance. Dental malpractice insurance is all they do. If they don’t do it well, they are out of business.

In general, you should choose a dental malpractice insurance company with a strong financial position in the marketplace. You want a company with the depth of capital to manage an expensive case with a large payout. The last thing you want is a company with a shaky financial position.

Your company should be rated at least “A” (Excellent) by A.M. Best & Co., the nation’s premier rater of insurance companies. Best does the research for you.
You also want a dental malpractice insurance company with great depth of experience. Nothing can take the place of experience when it comes to handling dental malpractice claims. You have the right to ask about local counsel and to look at a list of those dental malpractice attorneys who will defend you if you have a claim. You should ask about their training in dental malpractice issues. Again, you don’t want to take a back burner position to physicians and surgeons.

It is important to choose a company with a track record of writing dental malpractice insurance in your state. Each state has particular laws regulating dental malpractice insurance. Again, nothing trumps experience in a state if you are subject to a lawsuit.

The best dental malpractice insurance companies offer Risk Management Programs to help you avoid a dental malpractice claim in the first place. Going through a lawsuit is a very difficult situation. Let your dental malpractice insurance company help you avoid a claim through a dentist-specific risk management program. And, you will save money on your premium.

Many dental malpractice insurance companies offer other credits, including loss-free credits, group credits, and society credits. Be sure your agent is aware of these and communicates to you all the ways to save on your premium.

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Most dental malpractice insurance policies require that the insured dentist report incidents that are reasonably expected to lead to a claim and must report the incident in a timely manner. Of course, the definition of what is “reasonably” expected to lead to a claim is vague. They still need to err on the side of reporting it. The dental malpractice insurance policy goes on to require that the insured not engage in conduct that prejudices the company’s ability to defend a claim. Failure by the dentist to give timely notice to the carrier could well be seen as prejudicing the claim.

If the patient of a dentist makes comments that would cause the dentist to believe a claim could result, the company should be notified. If a patient requests records following an unintended outcome, this could raise a red flag. Certainly, if the insured dentist receives a request for records from a plaintiff attorney’s office in connection with a bad outcome, a red flag is raised and the dentist should report the incident to the dental malpractice insurance carrier right away.

We have seen cases where the dental malpractice insurance carrier has been able to help the dentist avoid a claim if contacted immediately following an adverse outcome. The defense team in the claims department is skilled in helping the dentist secure the best possible outcome. Often, this simply involves interacting with the patient in an empathetic, responsible, timely manner.

Of course, there is a downside to reporting all incidents that could theoretically lead to an actual claim. Too much reporting could jeopardize a dentist’s ability to keep quality coverage. If he is non-renewed by a dental malpractice insurance carrier, it will be difficult for him to secure coverage in the standard market.

It is best to call our office and discuss your particular situation with an experienced dental malpractice insurance agent.

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Defense costs are the costs to defend a dentist in the event he or she is sued for medical malpractice. The costs are handled by the dental malpractice insurance company. Specifically, we are talking about the amount of money a dental malpractice insurance company pays for lawyers and trial fees and court fees when a case is taken to court. Even if the dental malpractice case is settled out of court, there may be substantial attorney fees. When we mention the limit of liability, we mean the limit of liability that is noted on the declarations page of the dental malpractice insurance policy. So, if a dentist in Florida has limits of $1,000,000/$3,000,000, that means that, for one claim the dental malpractice insurance company is going to pay a maximum of $1 million. In one year, the total amount the dental malpractice insurance company will pay for all dental malpractice claims is $3,000,000.

In this case, it is obviously very important to determine whether the defense costs are paid inside or outside the limit of liability. If they are paid inside the limit, and the costs of defending the dentist are $100,000, that dentist now has only $900,000 available to pay a judgment. If the defense costs are paid outside the limit of liability on the dental malpractice insurance policy, the full $1,000,000 is available to pay a judgment and the $100,000 defense cost is paid in addition to the judgment.

Sometimes, in an effort to save money on dental malpractice insurance policy, a dentist might choose a policy with defense costs inside the limit of liability without realizing it. He or she will pay dearly in the event of a large claim. Be sure to check with a knowledgeable agent about exactly how your dental malpractice insurance policy is set up so you are well protected in the event of a claim.

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Because we have been in the business of administering Dental Malpractice Insurance policies in Florida for many years, we have seen insurance companies come and go. Many of them have offered low prices. They have marketed aggressively. They have undercut the best carriers in the state of Florida. And then they are gone, leaving wreckage behind and dentists unable to find quality coverage because they have chosen an inferior carrier.
We have a few thoughts on the subject of choosing the right Dental Malpractice Insurance Company in Florida.

First of all, choose a company that has a strong rating by A.M. Best & Co., the gold standard in rating the financial strength and stability of an insurance company. The worldwide rating and information company performs a thorough vetting of each insurance company and rates them according to their overall strength and ability to pay claims.

Second, choose a company that specializes in coverage for dentists–members of your profession. Many companies sell dental malpractice insurance as an offshoot of their physician and surgeon malpractice business. You want a company that knows dentistry and focuses on your specialty. You want a company with a strong claims history. It is a good practice to ask your colleagues for suggestions, especially those colleagues who have been sued for malpractice and have personal experience with a dental malpractice insurer’s willingness and ability to defend and/or pay claims in a timely manner.

Third, choose a company with a strong policy. Comparing policies is more than determining which is the least expensive, or which provides the highest dollar amount of coverage. The added coverages and features that you need—cyber liability coverage, DPR defense coverage, free tail at retirement, etc. add up very quickly and can spell a real difference for your practice.

Fourth, choose a company that offers credits for claims-free experience and for risk management. These credits can go a long way toward reducing your premium over the long term. A quality risk management program, aimed at the dentist, can help reduce the likelihood that you will have a claim in the first place.

So, you can see that it is vital that you are insured with the right Dental Malpractice Insurance Company in Florida. Our staff stands ready and able to help you.

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