Client Advisory

Vicarious Liability in Dental Practices

JULY 9, 2024

What is Vicarious Liability?

Vicarious liability is a legal rule that holds a person or company responsible for actions committed by their employees.  

Vicarious Liability Examples

When a dental incident occurs, individual practitioners may be sued for negligence as well as the company who employs the individual.  

For example, Main Street Dental employs dentists and hygienists on their staff.  During a tooth extraction, the oral surgeon extracts the incorrect tooth. As a result of this error, the patient files a suit for breach of the standard of care. The patient may pursue a claim against the oral surgeon who directly contributed to the error as well as Main Street Dental for vicarious liability.

An additional example of vicarious liability arises from individual practices. For example, Dr. Smith, an individually owned corporation, has employed several hygienists on staff. The hygienist failed to confirm that the patient took the prescribed antibiotic prophylaxis prior to cleaning. An injury to the gum resulted, leading to infection and hospitalization. The patient can pursue a claim against the hygienist as well as the solely owned corporation. 

Why Is Coverage Important?

Whether it is a company or individual dental practitioner, employers can be held liable for the acts of their employees. It is imperative to protect the assets of the company or dentist to ensure financial risk mitigation. 

How Is Vicarious Liability Covered Within a Dental Professional Liability Policy?

For dentists who employ other dentists, hygienists and auxiliary staff, many carriers extend coverage for vicarious liability within their limit of liability within the standard coverage form. 

Companies which employ dentists, hygienists and auxiliary staff need to consider purchasing a separate corporate policy to appropriately cover their vicarious liability exposure. Without such coverage, you could be left to incur defense costs and liability judgments.  

Coverage solutions to incorporate vicarious liability may be evident in various ways. To best assess your risk management plan, speak to an insurance professional about your unique insurance needs.

Equipping Dental Professionals with Comprehensive Insurance Solutions

Examining your business risks and implementing a risk management plan is vital to protecting your professional reputation and financial assets. The Safehold Dentist Professional Plus Program offers a specialized suite of coverage options for dentists, endodontists, orthodontists, oral and maxillofacial surgeons, pediatric dentists, periodontists, prosthodontists, and other dental professionals.

With over 100 years of combined experience, our knowledgeable team will customize a comprehensive package of professional liability and commercial insurance for your dental practice. We are here to understand your risk and develop solutions to meet your insurance needs. 

Learn more

To learn more about the program and to request coverage, visit us at Dentist Professional Plus.