Myth Buster Series: Are you covered? Malpractice Insurance vs. the Professional Legal Expenses Plan*

April is Oral Health Month. And this year, CDA OASIS is busting myths and tackling topics including pregnancy and dental health, what really erodes enamel, cyber security for dentists, social media, and more! 

In this edition, we turned to the experts at CDSPI to clarify a common misconception about CDSPI Malpractice Insurance Coverage. 

Misconception: CDSPI Malpractice Insurance will cover the costs to defend a complaint to your licensing body.

The Facts:

A malpractice lawsuit and a patient complaint made to your licensing body are two completely different matters that proceed in different ways. There are two distinct insurance plans that help cover the costs of these actions.

Malpractice Facts:

• A claim for monetary damages is filed with a court when a patient is dissatisfied with a treatment you have provided.
• An adjuster handles the process of getting information and making recommendations on how to proceed. If legal counsel is required, those costs will be covered, subject to the terms and conditions of the policy, as well as the amount of a settlement up to the limit provided by your malpractice policy.
• Your malpractice policy does not cover any costs related to a patient complaint to your licensing body.

Complaint Facts:

• A patient can lodge an official complaint about any matter arising from a visit to your practice.
• The process typically involves an investigation, a series of communications with the licensing body, potentially a hearing, and often an agreement to a disciplinary action.
• Although you can try to defend yourself, it is highly recommended that you retain a lawyer who is experienced in dealing with your licensing body.
• CDSPI Professional Legal Expenses Plan* coverage is designed to help offset the cost of representation as well as any expert witnesses if they are required.

* CDSPI Malpractice Insurance and the Professional Legal Expenses Plan are underwritten by Aviva Insurance Company of Canada.

*CDSPI Malpractice Insurance is not available to dentists licensed only in Ontario or Quebec. CDSPI does offer Excess Malpractice coverage in Ontario.

To learn more or ask a question, contact CDSPI. 

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Happy Oral Health Month!

CDA Oasis Team