The costs of a dental malpractice case can extend well beyond attorney fees, settlements, and jury awards. However, the burden can extend far beyond these visible expenses. Even when a claim is dismissed or a provider prevails, litigation can consume time, disrupt practice operations, affect professional relationships, and take a substantial personal toll.
Defending a malpractice claim requires active participation. Dentists may spend hours reviewing records, meeting with attorneys, preparing for depositions, and attending proceedings. These responsibilities can mean canceled appointments, postponed procedures, and fewer available patient visits.
Additionally, staff may be needed to retrieve records, locate correspondence, organize documents, and coordinate schedules with the defense team. In a small practice, these additional tasks may necessitate overtime or temporary assistance costs.
All the time required because of a malpractice claim may negatively impact clinical revenue.
The emotional burden of a malpractice claim can include psychological distress, depression, burnout, and diminished career satisfaction.
The effect of this emotional burden extends into the clinician's personal life. Counseling, time away from work, and support from appropriate personal and professional resources may become important parts of coping with the experience.
Dentists may worry about how allegations will affect patient trust, referral relationships, and future employment. The extent of any actual reputational harm varies, but the concern itself can be significant.
Not necessarily. Coverage details matter. Deductibles, exclusions, and policy limits determine which expenses remain the dentist's responsibility. You should review these provisions before a claim arises and ask specifically about reimbursement for required attendance and lost earnings.
Certain malpractice payments also carry reporting consequences. Generally, an insurer or other entity making a payment on a provider's behalf to resolve a written malpractice claim must report it to the National Practitioner Data Bank. Such a report can add documentation and explanation requirements during subsequent credentialing reviews.
Preparing for these costs requires attention to both practice operations and clinician well-being. Reviewing coverage, planning for staff workload, and obtaining appropriate support can help a practice manage the demands of litigation while maintaining reliable patient care.
Yes. Even when a claim is dismissed or a provider prevails, litigation can consume time, disrupt practice operations, affect professional relationships, and take a personal toll.
Time spent reviewing records, meeting with attorneys, preparing for depositions, and participating in proceedings may lead to canceled appointments, postponed procedures, and fewer patient visits.
Coverage varies by policy. Review your policy provisions and determine whether reimbursement for required attendance or lost earnings is included.
Generally, when an insurer or other entity makes a payment on a provider's behalf to resolve a written malpractice claim, the payment must be reported to the National Practitioner Data Bank.
Dentists should understand their insurance coverage, consider how their practice would manage additional staff workload and operational disruption, and be aware of appropriate personal and professional support resources.
Looking for more guidance? Explore our risk management resources. If you're not currently insured with DentistCare, fill out our online form to receive a free, no-obligation quote.
References
1. Mello MM, Chandra A, Gawande AA, Studdert DM. National costs of the medical liability system. Health Affairs. 2010;29(9):1569–1577.
https://pmc.ncbi.nlm.nih.gov/articles/PMC3048809/
2. American College of Emergency Physicians. Litigation Stress—A Primer.
https://www.acep.org/life-as-a-physician/ethics--legal/medical-legal2/litigation-stress---a-primer/
3. Balch CM, Oreskovich MR, Dyrbye LN, Colaiano JM, Satele DV, Sloan JA, Shanafelt TD. Personal consequences of malpractice lawsuits on American surgeons. J Am Coll Surg. 2011 Nov;213(5):657-67. doi: 10.1016/j.jamcollsurg.2011.08.005. Epub 2011 Sep 3. PMID: 21890381.
Personal consequences of malpractice lawsuits on American surgeons - PubMed
4. Health Resources and Services Administration. National Practitioner Data Bank Guidebook: Reporting Medical Malpractice Payments.
https://www.npdb.hrsa.gov/guidebook/EMMPR.jsp
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