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Malpractice Insurance for Dentists

Resource Centre

CDSPI has made it easier to find everything you need to know about malpractice insurance for dentists, including the resources you need to protect yourself and your practice. Explore our comprehensive hub of videos, articles, and presentations from experts in the field of dental malpractice, to help you manage your risk effectively. Plus, our knowledgeable Insurance Advisors are ready to assist you every step of the way.

Applying for Malpractice Insurance

As a newly practising dentist, or perhaps one that has moved to a new province, you may be curious about how to apply for your Malpractice Insurance. These steps, with the exception of #3, apply to dentists who are not required to obtain their Malpractice Insurance from their regulator.

1

Apply for licensing

Contact the licensing body in the province or territory where you'll be practising. Then, complete and return the application licensing body with payment and supporting documents. Indicate that your Malpractice Insurance application will be sent to CDSPI.

2

Apply for Malpractice Insurance

Complete your Malpractice Insurance application with CDSPI, indicating that your license application has been submitted to your licensing body. CDSPI will coordinate with your licensing body to issue your Malpractice Insurance, taking effect on the same date. 

3

Excess Malpractice Insurance (Ontario & Alberta)

If you are practising in Ontario or Alberta, you may choose to purchase Excess Malpractice Insurance, in addition to the Malpractice Insurance mandated by your regulatory body. This insurance provides coverage in excess of your primary policy in the event of a claim.

FAQs

  1. All practicing dentists.
  2. Retired dentists who maintain an active license to practice dentistry.
  3. 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.
  4. Postgraduate students in a residency program are required to purchase malpractice insurance if the hospital/university does not offer coverage to the students.

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.

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.

There is no difference in the coverage whether you are an employee or self-employed contractor.

The coverage provided is the same for individuals and corporation with CDSPI 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.

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.

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.

FAQs for Retiring Dentists

If you are getting close to retirement, or have just recently retired, there is a long list of business, personal and financial details that you need to address—it can be a bit daunting. But there are resources available: as a benefit of membership in your dental association, you have exclusive access to a professional team of advisors at CDSPI Advisory Services Inc. who are there to provide stress-free, expert advice especially when it comes to planning your retirement.

Please ensure you notify your Association and/or Regulatory Body of your plans for retirement.

  1. For as long as you have an active license you must have malpractice insurance and continue to pay the premium.

    Example 1:

    Dr. Ali lives in PEI and decides to retire on December 31. She has sold her practice but decided that she will not renew her license with DAPEI when it comes due on April 1. If you retire but still hold a valid license, you must have malpractice insurance and pay the premium. In this case, Dr. Ali would still be considered a practising dentist from January through March and would be required to have malpractice coverage.

    Example 2:

    Dr. Kolpacki has sold his practice and considers himself retired. He has not given up his license. During the transition with the new dentist, he works two days a week. In this case Dr. Kolpacki would be required to have malpractice coverage.

    Example 3:

    Dr. Yu retired and gave up his license on September 30, 2021. He immediately informed CDSPI he was no longer practising. Dr. Yu is then considered non-practising (NP) status. This means he is no longer required to pay the premium for his malpractice insurance, but the coverage remains in force for any claims that may arise from when he was licensed/pracising. This feature is important because claims can certainly arise week, months, or even years after a dentists transitions to non-practising.

Retirement doesn't mean the coverages offered by your policy cease upon retirement. Even when you've stopped practising, CDSPI Malpractice Insurance continues to apply for any work done while you were licensed and covered by the policy.

Our insurer will respond to claims made against dentists for the work they did while they were licensed provided their CDSPI Malpractice Insurance is on a non-practicing status, subjects to the terms and conditions of the policy.

Yes, CDSPI Excess Malpractice Insurance is not a mandatory insurance. However, if you continue to practice dentistry you remain at risk of claims and the added coverage from CDSPI Excess Malpractice Insurance should be carefully considered.

If you keep your CDSPI Excess Malpractice Insurance until retirement and upon the surrender of your license, then as long as you continue under non-practising status with your primary provider, you will continue to be covered by the plan, subject to the terms and conditions of the policy.

CDSPI Malpractice Insurance and Excess Malpractice Insurance are not available in the province of Quebec.

Resources to Help You Understand and Manage Your Malpractice Risks

Continuing Education: What Happens When a Patient Sues you for Malpractice

Continuing Education Course What Happens When a Patient Sues You for Malpractice (Module 1) SESSION DESCRIPTION This module includes an ...
Avoiding a Malpractice Claim

Advice on Handling a Malpractice Claim

Maintaining Your Defensibility Part of our mandate at CDSPI is to offer information to help dentists avoid legal issues with ...

Best Practices for Malpractice Prevention

Implementing strict protocols and continuous education is essential for effective malpractice prevention in dentistry. What is Malpractice? Malpractice is a ...
Dental Malpractice Chapter 2: Most Common Claims and How to Avoid Them

Watch Now: Most Common Malpractice Claims and How to Avoid Them

SESSION DESCRIPTION CDSPI is continuing the conversation about the dental malpractice environment in Canada. The recent webinar "Common Malpractice Claims ...

Understanding Malpractice Risk: Advice for New Dentists

Transitioning from dental school to professional practice can be an exciting but overwhelming time for new dentists. Many new dentists ...

Best Practices for Dentists Treating Newcomers

As a dentist you feel confident providing the best treatment when it comes to your patients. You take extra care ...

Malpractice Suits are Common. Here’s How to Protect Yourself.

At some point in your career, one of your patients may have an unexpected reaction to a procedure or claim ...

Reduce Your Retirement Stress

The right advice makes all the difference when Planning Your Retirement. Reaching retirement should be a time of celebration. Giving up the ...

Listen Now: Dealing with Patient Complaints

SESSION DESCRIPTION Matthew Wilton, LLB, explains the process for dealing with your dental regulatory body, and what you can do ...

Listen Now: Tips to Help Dentists Avoid a Malpractice Lawsuit

SESSION DESCRIPTION Bernice R. Bowley, a lawyer with Fillmore Riley LLP, offers 4 tips to avoid a malpractice lawsuit and ...

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Malpractice Insurance is underwritten by Zurich Insurance Company Ltd (Canadian Branch). CDSPI Malpractice Insurance is offered in all provinces and territories except Alberta, Ontario and Quebec.

Excess Malpractice Insurance is offered to dentists licensed to practice in the province of Alberta or Ontario, who are a member of their provincial dental association and have their primary mandatory malpractice insurance directly from their provincial regulatory body.

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