Malpractice questions from dentists
What is a tail, and when do I need one?
A tail, also called extended reporting coverage, keeps a claims-made policy responding to claims about treatment you did while the policy was active, after the policy ends. You typically need one when you leave a job or switch carriers before retiring. Occurrence policies don’t need a tail.
What does pure consent to settle mean?
It’s a clause in the carrier’s contract that stops the insurer from settling a claim without your written consent. Without it, a carrier can settle a claim to save money, even if you believe it has no merit, and the settlement follows you.
What happens if a malpractice claim against me is settled?
Payments made on your behalf are reported to the National Practitioner Data Bank. You may also have to present the case to your state dental board, and your premiums can rise sharply. Many carriers drop dentists after a settlement.
My employer provides malpractice coverage. Is that enough?
It might be. Check whether the policy is occurrence or claims-made, whether it includes pure consent to settle, what the limits are, and who pays the tail when you leave. Many corporate and DSO jobs charge an exit fee if you aren’t on an occurrence policy.
Why do pediatric dentists and oral surgeons often choose occurrence coverage?
Higher-risk procedures and treating children tend to lead to larger claims, and claims involving children can be filed many years after treatment. Occurrence coverage keeps each year’s limits in place permanently, which spreads that risk across a career.
What limits should I carry?
At least your state’s minimum, plus whatever your employer or contracts require. Orthodontists and general dentists often carry lower limits, while pediatric dentists, oral surgeons, and other higher-risk practices usually carry more. Your advisor will match limits to your state and specialty.