|
CNA is the largest single professional liability insurer for dentists in the United States. In Arizona, they totally dominate the dental professional liability market, insuring 80% of Arizona dentists.
The following statistics and information about dental malpractice are from CNA. For further information, the reader may want to consult their company website (CNA.com) or the website of the American Dental Association (ADA.com).
Of all dental malpractice claims initiated in the United States, only 20% result in a payment to the patient, and only 3-5% go to trial.
Part of the reason that so many do not result in a payment is that patient dissatisfaction is not grounds for a dental malpractice award. Dentists cannot be held to a standard where satisfaction is guaranteed, but there must be a clear trail of evidence indicating care that falls below the accepted standard of care.
The Role of Expert Opinion
The opinion of an expert testifying that the care rendered by the treating dentist falls below the accepted standard of care will be almost always necessary in order to present the case to a judge or jury.
"Indeed, the valuation of the claim will include considerations of the expert's qualifications, training and background, his knowledge of the procedure or treatment at issue, his understanding of the standards of practice, his credibility, his prior experiences as an expert (i.e., is the expert a 'hired gun'?), and the foundation for his opinions. In fact, the strength of a claimant's lawsuit often can be measured, in part, by the strength of his or her expert." (Risk Management Seminar Manual by CNA Health Pro, June, 2009, p. 11)
Ranking of Dental Malpractice Claim Cost by Dental Procedure, 2005 through 2008:
1. Crowns 14.2%
2. Surgical Extractions 13.7%
3. Root Canal Therapy 13.6%
4. Simple Extractions 12.1%
5. Implants 5.9%
(Source: Risk Management Seminar Manual by CNA Health Pro, June, 2009, p. 14)
|
