The OMS Malpractice Claims Process: What to Expect
August 13, 2025
Reading time: 3 minutes
In this article, oral and maxillofacial surgeons (OMS) will be introduced to the malpractice claims process. Learning about the process ahead of time can help you be better prepared in the event of a claim. This article explains what happens when a claim is brought against an oral surgeon.
Key Concepts
- What is a malpractice claim
- The six steps of the claims process
- How OMS can prepare for the claims process
Malpractice claims can be overwhelming and confusing for oral and maxillofacial surgeons. However, knowing how to navigate the process ahead of time can help you better prepare to manage a claim. Let’s break down the malpractice claims process so you can practice with greater confidence.
The malpractice claims process for OMS
A malpractice claim arises from an accusation that care provided by an OMS failed to meet the standard of care–which is the direct cause of an injury or injuries–and is typically brought forward by a patient, a patient’s family, or a patient’s attorney. Claims are usually handled between the two parties through the oral surgeon’s malpractice insurance carrier and the complainant.
Choosing a trustworthy malpractice insurance carrier with a strong claims team is one way you can prepare for any future claims made against you. It’s also helpful to know what to expect, so you understand the steps to take in the event of a claim. The process described below is what you can expect to occur when facing a malpractice claim.
1. Reporting a claim to your malpractice insurance carrier
Notice of a claim can come from either a patient or their attorney. In both scenarios, you should report it to your malpractice insurance carrier immediately.
2. Delegation of a claim
Once a claim is reported, it will be assigned to a claims consultant. Depending on the particularity of a claim, an attorney may be assigned to assist with the claim.
3. Initial contact with claims consultant
You will be contacted by a claims consultant who will go over the case with you, gather more information, and verify that your policy covers the claim.
4. Preparation for the claims process
In preparation for your involvement in the claims process, there are some things you can do.
- Gather all your documents/records about the treatment of the patient. Never alter your records – that includes adding, removing, or changing any information.
- Avoid speaking about the claim to others. Only speak to representatives from your insurance carrier and any involved attorneys about it.
- If you or your practice receives any further communication from the patient, let your insurance carrier know immediately. Advise the patient that communications need to go through your malpractice insurance carrier.
5. Investigation and evaluation
Your claims consultant will speak to the patient or their attorney and will request from the patient all the relevant information to evaluate the claim, including:
- Dental and medical records from prior and subsequent medical or dental providers
- Any information they have to support their claim against you
6. Discussion of available options going forward
After the claims consultant has received all the patient’s records in support of the claim, they will evaluate the strengths and weaknesses of the claim being made against you. They will discuss the claim with you and will help you decide how to proceed from there.
MedPro Group helps OMS navigate claims with confidence
In the event of a claim, MedPro Group will be with you every step of the way. Our industry-leading claims team has a trial win rate of 95% and closes 80% of claims without payment.
It’s important to know that your insurance carrier will be there for you when it matters most. By understanding the claims process, you can feel more prepared should you ever be faced with a claim.
For more information about claims, connect with our team today.
All data is derived from MedPro Group records and calculations; claims data range is 2013-2022 unless otherwise indicated. MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are administered by MedPro Group and underwritten by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and may differ among companies. © MedPro Group Inc. All Rights Reserved.
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As an oral and maxillofacial surgeon, facing a malpractice claim can feel overwhelming and unpredictable. In this article, we’ll answer common malpractice questions to help you better prepare to navigate the claims process.
Key Concepts
- Common questions about malpractice claims
- Understanding OMS malpractice claims
- Malpractice claims defense
What is medical malpractice?
Malpractice involves legal action against healthcare professionals for failing to meet the expected standard of care. It concerns negligence or inadequate care leading to patient harm. Various factors contribute to this risk, which require careful consideration and management.
What do I do if I’ve been sued for malpractice?
The first thing you should always do when notified of a lawsuit is contact your malpractice insurance carrier. They will help you manage claims and defend yourself throughout a lawsuit.
How do I evaluate my malpractice insurance company’s claims expertise?
It is extremely important to select a malpractice insurance company with expertise in malpractice litigation. The company should understand the venue, specific state laws, and clinical practice standards in your state. Your company should also have a proven track record of defending (and winning) malpractice claims. Some key statistics to ask for are the insurance company’s trial win rate and the percentage of claims closed without payment. Both numbers should be high. At MedPro, we close 80% of claims without payment and win 95% of dental and OMS claims that make it to trial.
What is the most surprising/unexpected aspect of the malpractice claims process?
The length of the process is usually the most unexpected part. It can take months or years for a resolution to come after a claim, especially if legal action is taken. Lawsuits prolong the process and typically take a year and a half to two years to resolve. Some lawsuits take even longer than that. Additionally, delays along the way are inevitable and contribute to a prolonged claims process.
What is the difference between a malpractice claim and a malpractice lawsuit?
Both a claim and a lawsuit are legal demands for compensation, but the difference lies in where and with whom the negotiations and resolution take place.
A malpractice claim is an accusation of negligence for the standard of care that is brought against an OMS by a patient or a patient’s attorney. Claims are usually settled between the two parties through the OMS’s malpractice insurance carrier and the patient or their attorney. However, claims can also be dismissed or withdrawn during the negotiation process.
A lawsuit is a filed legal action within the court system that is brought against an OMS by a patient or a patient’s attorney. In malpractice cases, a lawsuit accuses an oral surgeon of negligence for the standard of care and alleges how said actions led a patient to suffer harm. Lawsuits are either settled by lawyers after negotiations outside of court or resolved by trial and jury verdict. The trial will lead to a determination of damages owed.
What is the best way to manage stress during a malpractice claim?
Claims and lawsuits can be extremely stressful. It is important to gather a support group, whether that is friends or family, who you can lean on for the duration of the claims or litigation process. There is never any shame in reaching out to a mental health professional if you feel you need more outside support.
What should I do with my records when sued by a patient?
Never alter any records that pertain to the incident in the lawsuit and the plaintiff in general. Altering records will almost certainly have problematic consequences, which could affect litigation.
Who will communicate with me if I face a claim or lawsuit?
There are a few channels of communication that will need to be active when facing a claim or a lawsuit. First, always report a claim or lawsuit to your malpractice insurance carrier as soon as you receive notice of it. From your malpractice insurance carrier, you will be in contact with a claims consultant who will help manage the claim and advise you. Depending on the circumstances, you might also be in contact with an attorney.
If you have been sued, you will be in close contact with your appointed attorney, who will guide you through the litigation process and work on your defense.
How can I best prepare for a medical malpractice lawsuit?
The best way to prepare for a lawsuit is to follow the advice of counsel and work with your insurance carrier. Taking matters into your own hands is never a good idea – you can trust that your malpractice insurance carrier has the expertise and experience to help you through a lawsuit.
Facing an OMS malpractice claim can be a traumatic experience. By understanding the answers to these common questions, you can be better prepared and practice with greater peace of mind.
MedPro Group is on your side
In the event of a malpractice claim, you deserve a carrier prepared to protect your good name. That’s where MedPro Group comes in.
With over 125 years of malpractice experience and a winning claims record, MedPro is the name to trust for strong claims defense and peace of mind. Contact our team to learn more or start a free quote today.
This article should not be construed as medical or legal advice. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal question
[post_title] => Understanding Malpractice Claims: What Every Oral Surgeon Should Know
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The stress and anxiety of a malpractice claim can be incredibly tough on an oral and maxillofacial surgeon’s (OMS) mental health. This article unpacks the emotional effects of malpractice claims and provides tips to help OMS navigate the claims process with resilience.
Key Concepts
- How a malpractice claim can affect mental health
- Coping with an OMS malpractice claim
- Practice confidently with malpractice coverage
Malpractice claims are a reality that many healthcare professionals, including OMS, face during their careers. Claims may arise when a patient believes an OMS acted negligently or failed to meet the standard of care. Some claims can be resolved quickly – either by dismissal or settlement – but others take years. This can make claims even more difficult for OMS.
The emotional toll of malpractice claims for OMS
Facing a malpractice claim can be an emotionally challenging experience for any oral surgeon. The impact of a claim or lawsuit on one's practice, reputation, and livelihood can weigh heavily on their mind. It is common for OMS to feel unsure or doubt themselves after being sued, questioning whether they are good at their job and make the right choices. This doubt can affect their confidence and the care they give to their patients.
Uncertainty surrounding a malpractice claim can leave OMS in a constant state of worry, possibly leading to burnout or decreased job satisfaction. The pressure to maintain a high standard of care while dealing with these stressors can create a vicious cycle of anxiety. Ongoing strain can result in physical symptoms such as headaches, insomnia, and fatigue, further affecting an oral surgeon’s ability to give the best care to their patients.
OMS may find that the emotional stress spills over into their personal lives. The pressure to maintain a professional demeanor while dealing with personal turmoil can be overwhelming, leading to feelings of isolation and loneliness. Additionally, the emotional burden can strain marriages and family dynamics, as loved ones may struggle to understand the depth of the stress involved. This can lead to communication breakdowns and a sense of disconnect.
Coping with an OMS malpractice claim
When dealing with a malpractice claim, it is crucial for OMS to prioritize their mental health and well-being. Here are some strategies that can help:
- Learning more about the claims process
Facing the prospect of a malpractice claim can understandably generate anxiety. However, proactively learning about claims can help you feel more confident during the claims process. Familiarity with the typical stages involved, from the initial reporting of the claim to investigation and potential resolution, serves to demystify what might otherwise be perceived as an overwhelming and intimidating experience.
Learn what to expect from a malpractice claim in this article.
- Seeking professional help
Consulting a mental health professional can be a valuable step in managing the emotional stress of a malpractice claim. Therapists and counselors can offer a safe space for you to express your fears and anxieties, facilitating a healthier emotional processing of the situation. Mental health support can also equip you with the tools to handle future stressors with greater ease.
- Building a support network
Going through a malpractice claim can add significant stress to your life. But having a solid crew of family and friends can be a real lifeline, helping you keep some sense of normal. Your support network can help remind you who you are outside of your practice and encourage you to prioritize the activities that bring you joy. Drawing strength from your relationships may help alleviate feelings of isolation during the claims process.
Please keep in mind that it may go against legal advice to discuss the details of a claim brought against you with others, including family and friends. Talk to your claims consultant or legal representative before discussing the claim with anyone.
- Practicing self-care
Maintaining a healthy work-life balance and prioritizing self-care can help you manage stress and prevent burnout. Regular exercise, adequate rest, and engaging in activities that provide an emotional outlet can contribute to overall well-being. Self-care is not just a personal indulgence, but a necessary component of maintaining mental and emotional health in the face of adversity. By prioritizing self-care, you can replenish your energy, enhance your focus, and improve your overall quality of life.
Peace of mind with OMS malpractice insurance
OMS malpractice insurance plays a vital role in mitigating the emotional and financial impact of a malpractice claim. By providing financial protection and legal support for malpractice claims, malpractice coverage allows you to focus on your practice and personal well-being.
Malpractice insurance acts as a safety net, ensuring you have a support system in place should a claim occur. Having malpractice insurance is not just a smart risk management strategy – it's a guarantee that you won't face a claim alone.
Let's explore how OMS malpractice coverage can help reduce stress and anxiety if a claim is brought against you.
- Financial protection
One of the primary benefits of OMS malpractice insurance is financial protection. In the event of a malpractice claim or lawsuit, your policy may cover legal fees, settlement costs, and damages awarded up to the limits in your policy. This financial safety net can alleviate some of the stress of potential financial loss, allowing you to concentrate on your patients. Furthermore, having comprehensive malpractice insurance coverage can prevent you from having to dip into personal savings or assets, safeguarding your financial stability.
- Legal support for malpractice claims and lawsuits
Navigating the complex legal processes associated with a malpractice claim can be intimidating. With malpractice insurance, OMS can get legal support for malpractice claims and lawsuits. In the event of a claim, you’ll have a skilled claims team and legal professionals on your side who can provide strategic insights into the nuances of your case. They’ll defend your reputation and help you make informed decisions.
- Peace of mind
Knowing that you have the best OMS malpractice insurance coverage can give you peace of mind. This assurance allows you to focus on providing quality care to your patients without the constant fear of a malpractice claim hanging over your head. In addition to the practical benefits of insurance, you may feel more at ease knowing you have strong protection. This peace of mind can translate into greater job satisfaction and a more positive outlook on your professional journey.
Protect your good name with MedPro Group
With the right support and strategies, OMS can successfully navigate the emotional challenges of a malpractice claim and keep delivering excellent care to patients. That's where MedPro Group comes in.
MedPro Group has over 125 years of malpractice expertise and has handled more than 500,000 claims. We also provide hands-on customer support and helpful risk management solutions to best fit your individual needs — including online tools, phone consultations, and on-site review. We’re the name OMS can trust for the best and most reliable malpractice insurance.
Ready to secure your peace of mind? Start a quote or contact our team today.
[post_title] => The Unseen Emotional Burden of OMS Malpractice Claims [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => the-unseen-emotional-burden-of-oms-malpractice-claims [to_ping] => [pinged] => https://oms.medprodental.com/claims/the-oms-malpractice-claims-process-what-to-expect [post_modified] => 2025-09-11 09:56:26 [post_modified_gmt] => 2025-09-11 13:56:26 [post_content_filtered] => [post_parent] => 0 [guid] => https://oms.medprodental.com/?p=7650 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 7592 [post_author] => 180159417 [post_date] => 2025-08-01 02:19:42 [post_date_gmt] => 2025-08-01 06:19:42 [post_content] =>Navigating the complexities of an oral surgery practice includes understanding the differences between board complaints and malpractice claims. In this article, you'll learn about their individual processes, potential consequences, and how OMS malpractice insurance offers the protection you need to practice with peace of mind.
Key Concepts
- Differences between board actions and malpractice claims
- Potential outcomes of board complaints vs. malpractice claims
- The value of malpractice insurance for OMS
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.
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Key Concepts
- Common questions about malpractice claims
- Understanding OMS malpractice claims
- Malpractice claims defense
What is medical malpractice?
Malpractice involves legal action against healthcare professionals for failing to meet the expected standard of care. It concerns negligence or inadequate care leading to patient harm. Various factors contribute to this risk, which require careful consideration and management.
What do I do if I’ve been sued for malpractice?
The first thing you should always do when notified of a lawsuit is contact your malpractice insurance carrier. They will help you manage claims and defend yourself throughout a lawsuit.
How do I evaluate my malpractice insurance company’s claims expertise?
It is extremely important to select a malpractice insurance company with expertise in malpractice litigation. The company should understand the venue, specific state laws, and clinical practice standards in your state. Your company should also have a proven track record of defending (and winning) malpractice claims. Some key statistics to ask for are the insurance company’s trial win rate and the percentage of claims closed without payment. Both numbers should be high. At MedPro, we close 80% of claims without payment and win 95% of dental and OMS claims that make it to trial.
What is the most surprising/unexpected aspect of the malpractice claims process?
The length of the process is usually the most unexpected part. It can take months or years for a resolution to come after a claim, especially if legal action is taken. Lawsuits prolong the process and typically take a year and a half to two years to resolve. Some lawsuits take even longer than that. Additionally, delays along the way are inevitable and contribute to a prolonged claims process.
What is the difference between a malpractice claim and a malpractice lawsuit?
Both a claim and a lawsuit are legal demands for compensation, but the difference lies in where and with whom the negotiations and resolution take place.
A malpractice claim is an accusation of negligence for the standard of care that is brought against an OMS by a patient or a patient’s attorney. Claims are usually settled between the two parties through the OMS’s malpractice insurance carrier and the patient or their attorney. However, claims can also be dismissed or withdrawn during the negotiation process.
A lawsuit is a filed legal action within the court system that is brought against an OMS by a patient or a patient’s attorney. In malpractice cases, a lawsuit accuses an oral surgeon of negligence for the standard of care and alleges how said actions led a patient to suffer harm. Lawsuits are either settled by lawyers after negotiations outside of court or resolved by trial and jury verdict. The trial will lead to a determination of damages owed.
What is the best way to manage stress during a malpractice claim?
Claims and lawsuits can be extremely stressful. It is important to gather a support group, whether that is friends or family, who you can lean on for the duration of the claims or litigation process. There is never any shame in reaching out to a mental health professional if you feel you need more outside support.
What should I do with my records when sued by a patient?
Never alter any records that pertain to the incident in the lawsuit and the plaintiff in general. Altering records will almost certainly have problematic consequences, which could affect litigation.
Who will communicate with me if I face a claim or lawsuit?
There are a few channels of communication that will need to be active when facing a claim or a lawsuit. First, always report a claim or lawsuit to your malpractice insurance carrier as soon as you receive notice of it. From your malpractice insurance carrier, you will be in contact with a claims consultant who will help manage the claim and advise you. Depending on the circumstances, you might also be in contact with an attorney.
If you have been sued, you will be in close contact with your appointed attorney, who will guide you through the litigation process and work on your defense.
How can I best prepare for a medical malpractice lawsuit?
The best way to prepare for a lawsuit is to follow the advice of counsel and work with your insurance carrier. Taking matters into your own hands is never a good idea – you can trust that your malpractice insurance carrier has the expertise and experience to help you through a lawsuit.
Facing an OMS malpractice claim can be a traumatic experience. By understanding the answers to these common questions, you can be better prepared and practice with greater peace of mind.
MedPro Group is on your side
In the event of a malpractice claim, you deserve a carrier prepared to protect your good name. That’s where MedPro Group comes in.
With over 125 years of malpractice experience and a winning claims record, MedPro is the name to trust for strong claims defense and peace of mind. Contact our team to learn more or start a free quote today.
This article should not be construed as medical or legal advice. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal question
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