Understanding Malpractice Claims: What Every Oral Surgeon Should Know
May 7, 2026
Reading time: 4 minutes

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
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This document does not constitute legal or medical advice and should not be construed as rules or establishing a standard of care. 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 questions.
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