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Malpractice and the Dental Hygienist
Malpractice. The very word strikes fear in the hearts and minds of all health-care providers. In fact, according to risk management statistics, every dentist can expect at least one malpractice lawsuit in his or her practice lifetime. What about dental hygienists? Are they at risk? Should dental hygienists invest in their own malpractice insurance? Read on to learn of the unpleasant circumstances surrounding four dental hygienists.
Limits of Malpractice Coverage
Carol practiced dental hygiene for 25 years without carrying malpractice insurance. She reasoned that there was no need since the doctor's malpractice insurance covered her.
When Carol's employer was sued for failure to diagnose oral cancer, Carol was named as a codefendant in the suit, as she had seen the patient for a preventive care appointment within the past year. While being named in any lawsuit was unsettling, Carol figured she really had nothing to worry about. She knew the doctor had malpractice insurance.
What Carol did not know was that lawsuits can actually exceed the limits of the doctor's malpractice coverage. According to Jeff Tonner, JD, monetary awards for failure to diagnose oral cancer are the most common lawsuits to exceed the limits of coverage. If a lawsuit is successful and the limits of coverage are exceeded, codefendants can be saddled with monetary damages, because the doctor is the primary defendant.
False Security
Jan chose not to carry malpractice insurance. She felt it was really a waste of money, since she knew her employer's malpractice insurance covered her.
One day, Jan accidentally sliced her patient's tongue when she slipped with a sharp instrument. The patient had to go to the hospital and get his tongue sutured. The patient subsequently sued the hygienist for damages.
The doctor's malpractice insurance paid out a monetary settlement to the patient for damages. That should have been the end of the story, but unfortunately there was more to come. Since the doctor was not named in the suit, the insurance company sued the hygienist to recover what it had paid out on her behalf.
The concept of respmdeat superior is a Latin phrase that means let the master answer. It means that the owner/doctor of the practice is responsible for the acts...