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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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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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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For instance, if an insured dentist or oral surgeon has a retroactive date of January 1, 2010 and a policy period of January 1, 2011-2012, and a claim occurs on July 1, 2011 based on work the oral surgeon or dentist performed on July 1, 2010, the dental malpractice claim is covered by his “prior acts” coverage. If an insured dentist or oral surgeon switches carriers, maybe looking for a lower premium or joining a group insured with another dental malpractice insurance carrier, the new malpractice insurer may provide full prior acts coverage—back to the retroactive date on their dental malpractice insurance policy.

If the insured is without coverage or “bare” and submits an application for insurance, the carrier will not provide prior acts coverage, but, rather, will set the retroactive date and the effective date as the same.

The purchase of prior acts coverage on a dental malpractice insurance policy eliminates the need for the dentist or oral surgeon to buy a “tail” policy from the prior malpractice carrier upon cancellation of that coverage—assuming the effective date of the new dental malpractice coverage is consistent with the prior policy and, therefore, there is no gap in coverage. It allows a dentist or oral surgeon to seamlessly switch dental malpractice insurance carriers throughout their career without having to purchase “tail”coverage.

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The dental malpractice insurance market has been “soft” for the past several years. In fact, the soft market has lasted longer and been deeper than most professionals anticipated.

Having said that, it appears that dental malpractice insurance rate decreases have leveled out. There is still capacity, and carriers are still willing to give discounts to lure quality business to the company. Additionally, there are companies now entering the Florida marketplace for the first time, often with aggressive pricing. (You need to be careful, though, as often new companies are not experienced at claims handling for dentists. A poorly defended claim can end up as a chargeable offense against your record, driving you further to an inferior company as a means to reduce premium.)

We have also seen insurers tightening up on underwriting, especially as dentists, pressed by the economic downturn, take on riskier procedures formerly sent out to specialists. Insurance carriers are examining a risk more closely, looking at claims history and procedures performed. Some are non-renewing risks for poor payment history. Society affiliations are important, as they offer another degree of comfort for the underwriter.

An insurance agent that specializes in dental malpractice insurance, we can shop your policy among a stable of quality insurers.

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Obstructive sleep apnea (OSA) is defined as sleep-disordered breathing. This condition causes the person to experience a decreased or paused air flow during sleep when airways become blocked, floppy or narrowed which often produces loud snoring.

If a dentist suspects a patient may have sleep apnea then he or she should work together with a physician or dental sleep specialist to diagnose the disorder. If an oral appliance is recommended, the dentist providing this treatment should be properly trained and aware of licensing limitations regarding this appliance as serious injury or death could occur while patients are being treated with an oral device.

Dental malpractice insurance (also known as dental professional liability insurance) claims are on the rise with some attorneys specializing in the field. With dental anesthesia arguably being the number one claim, a patient with sleep apnea should be given special attention as they may be at a higher risk for complications when undergoing anesthesia. In normal sleep, a person with sleep apnea will usually waken when their breathing stops, however if they are under anesthesia and placed into a deep sleep they may be unable to awaken when they stop breathing.

To provide the best patient care and possibly avoid a dental malpractice insurance claim, a dentist should be aggressive in their risk management. The dentist should obtain complete health history, signed informed consent forms, keep complete treatment and ongoing care documentation including notes concerning physician consultations, and take appropriate precautions for patients who are suspected of having sleep apnea prior to any treatment. In addition, communication between all parties – the primary dentist, treating dentist, specialists, physicians, and the patient is vital in making sure that there is care consistency.

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