Individual Professional Liability insurance also comes in handy if you work for more than one practice. Your own policy covers you wherever you work, but the coverage you have at one practice usually does not follow you to another.
Professional Liability insurance typically costs between $65 and $125 per year for an individual hygienist, says Joseph Ziegler, vice president and program executive for Lockton Risk Services Inc., which administers the American Dental Hygienists Organization’s Professional Liability insurance program. Premiums vary depending on the amount of coverage desired, years of experience and whether you’re employed or self-employed.
| If a claim is filed... - Contact your insurance carrier. If you don’t have your own insurance, tell your dentist to contact the practice’s carrier.
- Protect the record, but never change it. Write down any additional notes separately.
- Be careful who you talk to. Anyone with information about the incident can be subpoenaed for deposition.
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Investing in your own coverage only takes a few minutes and can be done via the Internet.
“I believe many hygienists are aware of Professional Liability insurance, but I don’t think they realize how important it is to have it in place,” Ziegler says. “When you consider you can get $1 million of coverage for about $80 a year, it’s a very good buy and a pretty good safety net to have.”
When deciding which carrier to use, Harvey recommends doing the same research that you would for any insurance. It’s particularly important to know any exclusions.
Not every policy covers claims brought to the state licensing board, Harvey says. This means if you ever have to go before the board, you’ll have to pay your own fees and won’t be compensated for any missed work days. Complaints to the board can be even more intense and just as traumatic as a malpractice claim, so be sure your policy covers these claims.
Even if the dentist you work for delegates a task to you, never do anything outside the scope of your license, Harvey says. If you do and something goes wrong, you both are liable.
Keep yourself up-to-date on any changes in your state’s practice act . With all the new technologies available, Harvey says it’s also important to know what’s best for your patients. Know what you can and can’t use, and be sure you have the best tools available for patient screening.
“Using just the unaided eye and the traditional tools of dentistry are just not enough,” Gutkowski says. “If those are your only diagnosis tools, you’re setting yourself up for a lawsuit.”
As technologies evolve, new risks emerge for hygienists, Harvey says. These technologies must be used correctly and when appropriate. But she also said she isn’t aware of any lawsuits filed for failure to use a screening tool. Rather, the allegation focuses on failure to diagnose, which makes screening devices a vital part of hygiene visits.
Providing the best patient care you can within the scope of your license will help you avoid malpractice claims. Know your limits, but know what’s expected of you as well.
Build a rapport with patients. Educate them. Document what you do. Buy your own insurance. Provide risk assessment, early diagnosis and early treatment. Remember that with more responsibility comes more liability and with more technology comes more potential risk. Do what you can to protect yourself, because whether or not a claim is settled out of court, nothing good can come from it.
“I don’t think anybody would want to go through any of it,” DiGangi says. “It would be traumatic to your life and your family.”
*Comments from attorneys in this article do not constitute legal advice.