The LOOP Volume 4: The CDCP and Your Liability

In this issue :

CDCP and Your Liability: What Every Dentist Needs to Know (and Do) Now

The introduction of the Canadian Dental Care Plan (CDCP) marked a significant shift in the dental landscape in Canada. With up to nine million people now eligible for coverage, this influx of new patients presents both opportunities and challenges for dental professionals. While the CDCP promises improved access to dental care for underserved populations, it also raises important questions about how dentists can maintain a high standard of care and manage potential malpractice liability exposure in this new environment.

Source: www.oralhealthgroup.com/features/data-driven-dentistry-2025-summary

To help clarify how the CDCP may impact malpractice risks, specifically the importance of aligning practice management with evolving patient expectations, we spoke with Matthew Wilton, a partner at Wilton Martin Litigation Lawyers, specializing in professional discipline and liability defense. The following are some of Mr. Wilton’s comments together with our own advice about the CDCP.

The Changing Patient Landscape

The CDCP introduces a diverse range of patients into dental practices, many of whom have avoided dental care for years due to cost barriers. These patients may have complex medical and dental histories, requiring significant interventions. For example, seniors—a key demographic under the CDCP—are more likely to present with conditions such as xerostomia, periodontal disease, and complications from medications like anticoagulants or bisphosphonates. Similarly, individuals with disabilities may face challenges in maintaining oral hygiene, compounded by comorbid conditions such as diabetes or autoimmune disorders.

“Recording a detailed medical history, making regular updates, and coordinating with the patients primary care physicians will be key to successfully treating those with complex medical needs,” Mr. Wilton believes. “And always document these discussions in the chart and, when possible, where possible, have the patients sign and acknowledge the contents of the discussion.”

Managing this potential influx of new patients requires a shift in how dentists approach care. Patients unfamiliar with standard dental protocols may have different expectations and may misunderstand the scope of CDCP coverage. For example, some patients may perceive the plan as providing completely free dental care, leading to potential disputes over treatment recommendations not fully covered by the plan.

Quiz Poll

What percentage of your patients are participating in the CDCP?

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Key Areas of Malpractice Exposure

A cornerstone of limiting malpractice liability is ensuring patients are fully informed about their treatment options. Under the CDCP, this can become more complex. Patients may decline optimal treatments if they are not covered by the plan and misunderstandings about what constitutes “medically necessary” care could lead to disputes.

Dentists must clearly document all treatment options, their costs, and the rationale for recommending specific procedures to protect against claims of inadequate or biased care. Julie Berthiaume, a Senior Insurance Advisor, believes that accurate and thorough documentation plays a critical role in mitigating malpractice risks.

“Dental (or patient) charts provide concrete proof and support their position in case of a lawsuit,” she cautions. “It’s so important, and dentists need to be proactive about it – with themselves and their staff," she explained. “If their charts or other notes are not clearly legible, their value as evidence may be compromised. Also, some dentists develop their own abbreviations, acronyms or other jargon that may not be generally understood. This should be avoided. Even with computerized charting and records, they need to make sure entries are complete and comprehensible.”

Matthew Wilton advises that the process for acquiring informed consent may need to be tweaked for patients in the CDCP. “A best practice could be developing a new informed consent form that lays out both the recommended treatments and the fees and indicates what is and what is not covered by the plan. The patient should acknowledge in writing that they understand that additional fees will be necessary to complete the treatment plan and that the CDCP will not cover all of the anticipated costs of the recommended treatment.” If the patient later refuses treatment due to cost, Mr. Wilton recommends that consent forms further detail the risks associated with not completing the treatment plan and having those acknowledged in writing.Adjusting care for patients with complex needs or long gaps in treatment must not compromise professional standards. While CDCP patients may initially seek only urgent care, dentists must balance these immediate needs with a comprehensive approach to restoring and maintaining oral health.

Continuing Education

If you’re interested in hearing more from Matthew Wilton about the dental malpractice environment in Canada, check out the Continuing Education Course: “The Most Common Malpractice Claims and How to Avoid Them”. Simply complete the quiz after watching the session to receive a certificate of attendance.

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Strategies for Mitigating Risks Associated with the CDCP

Mr. Wilton believes dentists should try to align their care recommendations with CDCP program criteria while ensuring they meet their professional obligations to provide the best possible care for their patients. To help achieve that fine balance, here are some strategies for mitigating potential risks.

Update staff training and care protocols
Your dental teams should be equipped to handle the unique needs of CDCP patients. Review your clinic’s training programs to ensure they cover:

Communicating realistic treatment options and plan limitations.
Securing informed consent that details both treatment options and fees.
Details of the CDCP program features, limitations, and administrative requirements.

Educate patients
Clear communication is key to managing patient expectations and reducing the risk of misunderstandings. Patients benefit when dentists:

Use plain language to explain treatment plans and associated costs.
Provide visual aids or printed materials to reinforce verbal explanations.
Set realistic expectations for treatment timelines, costs, and outcomes.

Enhance your referral networks
Building strong referral networks is essential for managing complex cases. Dentists should:

Ensure your referral partners accept CDCP patients and can provide timely care.
Where necessary, perhaps enhance your own or your team’s skills in areas such as sedation or removable prosthetics.

Opportunities abound, but a pragmatic approach is necessary

The CDCP represents a transformative moment for dentistry in Canada. As the patient base evolves, dentists must balance the dual imperatives of providing excellent care and protecting themselves from potential liability risks. This requires a proactive approach to patient management, staff training, and adherence to both clinical and regulatory standards.

Before embarking, Matthew Wilton advises dentists and clinics not to take on more than they can handle. “You can decline to provide treatment,” he cautions, “but keep in mind that you cannot discriminate against a patient seeking treatment on the basis that they use the CDCP”.

While the challenges are significant, they are not insurmountable. By adapting their practices to meet the needs of CDCP patients, dentists can not only mitigate risks but also improve access to high-quality care for millions of Canadians.

Spotlight on Dr. Mark Eckler: Orthodontics, Innovation, and a Fresh Approach to Retirement

Dr. Mark Eckler has redefined what it means to transition away from full-time practice while maintaining a passion for both orthodontics and innovation. After selling his practice in 2018, he shifted gears to balance part-time clinical work with entrepreneurial ventures like co-founding InsideDesk, a software startup streamlining dental administration. An educator, mentor, and active member of the dental community, Dr. Eckler continues to shape the future of dentistry while exploring new interests, from cybersecurity to pickleball. His story is a testament to the power of blending professional excellence with personal growth.

Exclusive Banking Benefits with the Scotiabank Healthcare+ Dentist Banking Program

Designed specifically for dental professionals, the Scotiabank Healthcare+ Dentist Banking Program¹ offers tailored financial solutions to support both your practice and personal financial needs. Acquiring or expanding your practice? You can access up to 100% financing² for purchases, renovations, and equipment, along with preferred rates³ on business lines of credit and merchant services. Plus enjoy waived monthly fees⁴ on premium banking packages, preferred mortgage rates³, and savings on select premium credit cards. To get started, simply speak with a Scotiabank Healthcare Specialist.

¹ To be eligible for the Dentist Banking Program benefits you must be a Canadian resident that meet one of the following conditions: Enrolled in a Canadian university dental degree program. Has been accepted or is completing a dental residency in Canada. Dentist with a DDS or DMD and licensed to practice dentistry in a Canadian province or territory. Retired dentist with a DDS or DMD and has practiced dentistry in a Canadian province or territory. Terms and conditions apply. For details see: https://www.scotiabank.com/ca/en/healthcare-plus/dentist-banking.html

² Subject to credit approval. This is not a commitment to lend. Open to dentists that meet one of the following conditions: 1. Dentist with a license to practice dentistry in a Canadian province or territory; or 2. Retired dentist with a DDS or DMD and was licensed to practice dentistry in a Canadian province or territory.

³ Credit products are subject to credit approval. Preferred rates may vary per applicant and are subject to change. Additional conditions may apply. Offer may be changed, cancelled, or extended at any time without notice.

⁴ The Ultimate Package monthly account fee is waived for eligible dentist clients on one (1) Ultimate Package account (“Account”). The monthly account fee will be waived and will not appear as a charge on your Account provided the Account is open and in good standing at the time of the waiver. All other applicable service charges on the Account will continue to be applied. Maximum one offer per customer. This offer is non-transferable and may be changed, cancelled, or extended at any time without notice.

WEBINAR Growing your practice: Key insights & actionable strategies

Thinking about growing your practice but unsure how to start? Join our partners from MNP for a live webinar on Thursday, March 13 from 6:00 to 7:00 p.m. EST. Learn everything you need to know to make your expansion successful. From crafting a clear game plan and understanding financing options to ensuring a smooth transition, they’ll share practical advice and real-world insights that will help you move forward with confidence. Register now for  Growing your practice: Key insights & actionable strategies.