Professional Liability Insurance for Dental Hygienists

The doctrine known as vicarious liability maintains that an employer – in this case a dentist – assumes responsibility for the actions of employees. This has led to a common misconception that if a hygienist is named in a malpractice claim, all liability falls onto the employer or practice. While true in some cases, it’s not necessarily always a foregone conclusion. Multiple scenarios exist where a dental practice’s malpractice insurance may not completely cover the hygienist.

It’s also true that separate dental hygiene liability insurance isn’t required in all states. Nonetheless, it’s a small investment with significant upside. Maintaining an individual policy means it follows you wherever you work, avoiding gaps in coverage if you switch jobs or there’s a change in your employer’s insurance coverage. Furthermore, even if you are covered by a company policy, that coverage is typically designed to protect any and all defendants named in the claim, meaning the coverage will be shared and limits of coverage could factor in.

Additionally, an individual hygienist policy should be strongly considered in the event you work in multiple offices or on any sort of temporary or freelance basis, or if you volunteer at clinics, schools, or other non-traditional office locations. An individual policy, such as that offered by Pharmacists Mutual, also affords you the freedom to have control of your own limits and deductibles.

• Professional Liability - Includes dental hygienist services such as cleaning, scaling, polishing, and providing oral hygiene instruction
• Claims-Made or Occurrence Policy –Choose from a Claims-made or Occurrence policy with limits starting
  at $100,000 each claim, $300,000 in the aggregate
• Medical Expenses – $5,000 each patient and $10,000 each insured
• Administrative Disciplinary Actions – $25,000 each insured
• HIPAA Claims Defense – $25,000 limit for defense against a HIPAA violation
• Sexual Misconduct or Physical Abuse – $25,000 limit for defense against allegations of abuse while providing dental hygienist services
• Loss of Earnings – up to $500 per day for the time away from work at our request

Other Features

• Consent-to-Settle – We will not settle your claim without your consent
• Defense Outside of Limits – Defense expenses are paid in addition to
  coverage limits and will not reduce the policy limits
• Extended Reporting Period – Report a claim after Claims-made coverage is cancelled or non-renewed
• Prior Acts – Option to convert an existing Claims-made policy to an
  Occurrence policy

While not all states require individual dental hygienist liability insurance, the risks for not carrying coverage are potentially significant. When determining whether or not you need liability coverage, consider some of these scenarios:

• What if you fail to detect periodontal disease in a patient?
• What if you fail to record observations the dentist should examine which require further action?
• What if you accidentally injure your patient during an exam?

These types of questions can highlight the deficiencies in relying solely on your employer’s coverage. An individual professional liability insurance policy, such as those offered by Pharmacists Mutual, provides you the peace of mind that in any claim or litigation, you have coverage including attorney and legal representation, claims investigation, reimbursement of lost wages, and coverage of court costs.

While there is always risk for major malpractice events, most malpractice claims actually stem from routine procedures. In fact, the five most common claims made against dental hygienists are: failure to update medical history, failure to thoroughly document in a patient record, injury to a patient, failure to diagnose periodontal disease, and failure to diagnose oral pathology. 

Not all insurance companies handle defense of malpractice in the same manner, making it important to select a company with expertise and attention to specific state laws and clinical dentistry issues. At Pharmacists Mutual Insurance Company, we understand the risk involved for dental hygienists and are committed to providing you with the coverage you need when you need it most. Our professional liability policy is tailored specifically for you, to safeguard the investment you have made in your career.