Dental Board Complaints vs. Malpractice Claims: What’s the Difference?

As an OMS, understanding the differences between a dental board complaint and a malpractice claim is essential. Both can have significant implications, but knowing the distinctions between the two can empower OMS to proactively identify vulnerabilities and implement helpful risk management strategies in their practice.

What are the differences between board complaints and malpractice claims?

The legal implications of board complaints and malpractice claims differ significantly. Board complaints (also known as board actions) typically involve administrative procedures and address professional conduct. They are overseen by state boards that aim to enforce professional standards and increase public safety.

Board actions can result in penalties, such as fines, required training, or licensing implications, including suspension or revocation. OMS should approach board complaints seriously, as outcomes can impact their ability to practice.

In contrast, malpractice claims are civil legal disputes over damages for alleged negligence. They often involve lengthy lawsuits, where the plaintiff must prove that the OMS failed to meet the standard of care. They require legal representation and can lead to significant financial consequences like legal defense costs and compensation for the injured patient. This differs from board complaints, which don’t typically result in financial awards to the complainant.

Now that we’ve covered the basic differences, let’s dive into both board complaints and malpractice claims to further understand how they differ — and how to protect yourself from both.

What is a board complaint?

A board complaint is an allegation filed with a state’s dental regulatory board against an OMS. It most often relates to violations of professional conduct or practice standards.

Dental boards serve as regulatory bodies for the profession. They help establish standards of practice and uphold the integrity of the OMS specialty. Dental boards are crucial in safeguarding patient interests and maintaining trust in oral surgery services.

When a board complaint is filed, the board assesses whether the OMS in question has breached professional standards. They conduct thorough investigations into the allegations, including reviewing patient records and interviewing relevant parties. This process ensures fairness and due diligence. The board’s role is to determine whether discipline is warranted, such as fines, continuing education, or license suspensions and/or revocations.

Board complaints are different from malpractice claims, but it’s important to note that the two can occur concurrently. While malpractice claims deal with patient liability, board complaints focus on administrative or ethical issues.

Always let your malpractice insurance carrier know right away if a board complaint is brought against you. Malpractice insurance carriers may help defend you against board complaints, but disciplinary measures are not covered by most policies and fines imposed will be at your expense.

What are common reasons for dental board complaints?

Board complaints against OMS often stem from various issues related to patient care. Addressing these issues early can prevent escalation and knowing these common triggers can help you minimize potential risks.

Common reasons for board complaints include:

• Unprofessional conduct or interactions
• Failure to abide by state regulations
• Issues with patient records

Avoiding these common pitfalls requires diligence and empathy. By maintaining open communication with patients, you can mitigate many issues. This approach not only reduces the chance of complaints but also fosters trust with patients.

What is an OMS malpractice claim?

A malpractice claim arises when a patient alleges harm due to an oral surgeon’s care. It’s a legal dispute centered on professional negligence, focusing on whether the care provided met the expected standard, and can lead to a money judgment.

Patients may file malpractice claims for various reasons, including improper treatment, failure to diagnose a condition, or causing a new injury. The claims process usually begins with the patient filing a complaint, which moves to investigation and, potentially, litigation.

For OMS, malpractice claims can be both financially and professionally draining. It involves legal proceedings where you might need expert witnesses to testify regarding the standard of care. The repercussions of a malpractice claim can extend beyond monetary compensation – they may impact your reputation and future practice opportunities.

Obtaining comprehensive OMS malpractice insurance can help you mitigate these risks and provide relief for the financial burden of litigation.

What are the consequences of malpractice claims for OMS?

Malpractice claims can have serious repercussions for OMS. Claims may lead to costly legal battles and emotional hardship. They can also damage your professional reputation. Trust is crucial in oral surgery, and a claim can lead patients to question a provider’s competence. This loss of trust might reduce patient numbers and revenue.

Further, malpractice claims could affect your professional licensure. If found liable for malpractice, you might in turn face a separate disciplinary action from the dental board.

The emotional toll of a malpractice claim should not be underestimated. Facing allegations of malpractice can be distressing. It’s essential for OMS to be prepared with reliable malpractice insurance to mitigate these potential consequences.

Learn more about what to expect from a malpractice claim in this article.

Protect your practice: malpractice insurance for OMS

Malpractice insurance is a crucial safeguard for your career. Without it, the financial burden of a malpractice claim can be extremely overwhelming. Not only does it provide protection against claims, covering legal fees and potential settlements, but malpractice carriers often help defend insureds against board complaints, too.

Securing malpractice insurance ensures that OMS can focus on patient care rather than worrying about litigation. This is essential for maintaining a high standard of service and patient trust.

When choosing a policy, it’s important to understand the coverage options available. Consider your practice’s specific needs and potential risks. Some policies may cover additional areas, like cyber liability.

Selecting the right insurance company is crucial as well. A reliable carrier will have extensive experience with OMS malpractice claims, financial stability, and valuable risk management resources. Thorough research and comparison are key to finding the best coverage.

MedPro Group has you covered

At MedPro, we understand how stressful board complaints and malpractice claims can be. That’s why we offer customizable malpractice insurance OMS can trust, with helpful included coverages like administrative hearing defense. With 125+ years of malpractice expertise, we are prepared to protect your good name so you can focus on what truly matters – delivering high-quality care to your patients.

Ready to get covered? Reach out to our team or get a quote today.