Malpractice insurance can feel complicated, but knowing how your coverage works is key to protecting your practice. These FAQs answer common questions dentists have, including what happens if a claim is made, who needs coverage, and whether employees are included. You’ll also learn how coverage can differ based on your work arrangement, whether incorporation matters, what CDSPI Excess Malpractice Insurance covers, and how your protection works if you move out of province.
What do I do if a malpractice claim is made against me?
If you suspect a malpractice claim may be made against you, you must contact your malpractice insurance provider immediately.
If your malpractice coverage is through CDSPI, you must notify us as soon as you become aware of a claim or a potential claim whether the allegation is verbal or written.
CDSPI will notify the insurer and a claim file will be opened. An adjuster will then contact you and explain the process, which could include contacting the patient, their lawyer, or asking an opinion from a dental expert. This may take some time so use the opportunity to gather all documentation that could potentially relate to the claim, including electronic correspondence and/or documents. Never alter or destroy documents.
Once the process is completed, the adjuster will make a recommendation to the insurer about how to proceed.
If a claim does proceed to litigation, it's taken over by the insurer's legal counsel.
Who is required to have dental malpractice insurance?
All practicing dentists.
Retired dentists who maintain an active license to practice dentistry.
Retired dentists who teach dentistry at a university may require malpractice coverage if the university does not extend their malpractice insurance to you. Please confirm your malpractice coverage requirements with your licensing body.
Postgraduate students in a residency program are required to purchase malpractice insurance if the hospital/university does not offer coverage to the students.
Are my employees covered under my policy?
Employees who are not required to carry their own malpractice coverage (e.g. dental assistants) will be covered under your malpractice policy if they are named in a lawsuit along with the dentist, subject to the terms and conditions of the policy.
Is there any difference in my malpractice coverage if I am hired as an employee or as a self-employed contractor (not an employee or an associate)?
There is no difference in the coverage whether you are an employee or self-employed contractor.
Does my status as a corporation affect my malpractice insurance in any way?
The coverage provided is the same for individuals and corporation with CDSPI Malpractice Insurance.
What is CDSPI Excess Malpractice insurance?
CDSPI Excess Malpractice Insurance is only available to dentists licensed to practice in the province of Alberta or Ontario. It provides coverage in excess of your mandatory primary policy limit in the event a patient makes a claim against you that arises from your professional services.
If I move out of the province, will I still be covered by my CDSPI malpractice insurance?
Your CDSPI Malpractice Insurance will cover you across Canada except for Alberta, Ontario and Quebec, provided you are licensed in the province.
For example, if you purchase malpractice coverage while practicing in Nova Scotia and move to Saskatchewan, you must be licensed in Saskatchewan. You need to let CDSPI know once you have your new license since your malpractice coverage goes with you wherever you go if you are licensed in the province or territory.
I was told CDSPI Malpractice Insurance is a claims-made policy, what does that mean?
CDSPI Malpractice Insurance is a claims-made policy. This means the policy responds to claims as they are reported. For example, if a patient was injured while undergoing treatment with you in 2021, but filed a claim today, it would be your current policy that would respond to the claim, despite the incident occurring in 2021.
It is important you notify CDSPI immediately of any circumstance which may reasonably be expected to give rise to a claim under the policy, or you receive a claim. It is a condition of the policy.
Upon retirement or if you choose to leave the profession or surrender your license to practice dentistry, the CDSPI Malpractice Insurance policy continues to provide dentists with coverage to respond to claims made against you for incidents that occurred before you retired/surrendered your license but were not reported until after that time.
This continuance of coverage does not apply to dental therapists, dental hygienists, dental assistants, or dental nurses who retire or leave the profession.