Practice-related and administrative issues

The errors and omissions policy provided by the RCDSO to its members and administered by PLP protects Ontario dentists against liability arising out of the performance of or failure to perform “professional services”, defined as the practice of dentistry and “those services … reasonably considered by the [RCDSO] to be part of, related to, or ancillary to” the practice of dentistry in Ontario.

In other words, PLP assistance is limited to patient claims of malpractice or negligence in providing dental treatment, e.g. performing endodontic therapy on the wrong tooth or failing to diagnose osteomyelitis. Examples of related or ancillary services covered by the policy would include accidentally hitting a patient with an x-ray machine while positioning it or causing a piece of paper to fly into a patient’s eye when opening the chart.

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A dentist who owns a practice may be vicariously liable for the actions of a staff member if:

• The staff member was negligent;
• The staff member was acting within the scope of his or her employment;
• A patient was injured as a result; and
• The staff member was not an independent contractor. 

Associate dentists are almost always independent contractors, so a principal dentist would not be vicariously liable for an associate’s malpractice.

Other health professionals, such as dental hygienists and registered nurses, may or may not be employees, but dental assistants, receptionists and treatment co-ordinators usually are. Because regulated health professionals (e.g., hygienists, physicians, nurses and denturists) are required to carry their own malpractice coverage, they are not eligible for PLP assistance. In contrast, employees who are non-regulated health professionals are protected by PLP for activities related to the practice of dentistry. Further, PLP would defend a vicarious liability claim against a principal dentist for an employee’s negligence, whether or not the employee was a regulated health professional.

Proper hiring, training and supervision of dental office staff is critical in mitigating the risk of a finding of vicarious liability. Effective risk management also requires that practice owners ensure that all non-dentist regulated health professionals they employ have adequate malpractice protection.

If you are still not sure about whether, and to what extent, PLP may assist an employee accused of negligence, contact us and ask to speak with an advisor.

PLP assistance extends to former members so long as the event giving rise to a patient claim arose out of the practice of dentistry in Ontario while the dentist was registered with the RCDSO. There is therefore no need for a former member to continue to pay registration fees to the RCDSO in order to be protected by PLP against malpractice claims for treatment provided before leaving practice in Ontario.

On the other hand, excess coverage does not extend beyond the expiry of the contract. Any member wishing to continue excess coverage after retiring or withdrawing from practice in Ontario should contact the relevant broker or insurer.

To obtain proof of malpractice protection, complete the request form.

A copy of the current malpractice policy can be obtained by logging in to the RCDSO member portal and clicking “Downloads/Documents”.  

Deductibles may be paid by cheque, Visa or MasterCard.  Cheques should be made payable to “Professional Liability Program” and mailed to PLP at 6 Crescent Rd., Toronto, ON M4W 1T1.

PLP may assist members in responding to privacy complaints. You should immediately contact PLP to report the matter and obtain guidance from an Advisor.

A written request for a waiver or reduction of a deductible can only be considered by the PLP Committee. Such a request should be addressed to the Committee and sent to the PLP Advisor who handled your case.