CDABC, through its affiliation with the Canadian Dental Assistants Association has been offering malpractice or professional liability insurance to eligible dental assistants since 1998. When we first introduced this program ten years ago, many dental assistants believed it was not necessary to protect themselves as the insurance policies held by their employer, the dentist, would cover them.
 
Even though the scope of a dental assistant has broadened to include intra-oral duties thereby increasing the individual's exposure to risk, and despite the increase in 'shotgun' lawsuits, we still find this is a common misconception. The truth of the matter is that everyone is vulnerable and all oral health care practitioners should be covered by their own malpractice insurance policy. Just ask the 6 dental assistants who have had to make use of their malpractice insurance since 2000.  

• The dental assistant damaged instruments and was sued by the dentist in an effort to recoup their loss. (Paid $1,444)
• A statement of claim was filed alleging the dental assistant owed a debt to the plaintiff. (Paid $495)
• The dental assistant was assisting a pedodontist with surgery. The child did not recover from the anesthetic. (Expenses of $3,857)
• The claimant sustained a dislocated jaw due to a procedure the dental assistant was involved in. (Expenses of $6,655 with $4,375 paid.)
• The claimant alleges that as a result of negligence on the part of the dental assistant, the claimant is experiencing pain and suffering. (Amount TBD.)
• The dental assistant and a dentist were working on a child, doing a normal filling. The dental assistant was placing a clamp and advised the child not to move their tongue. The child did move their tongue and the clamp slipped into their throat, choking the child. The dental assistant performed the Heimlich maneuver on the child and as a result, there were some broken blood vessels in the childÕs face. The mother took the child to the hospital and the child was later referred to a pedodontist. The mother is suing the dental assistant for the costs associated with the pedodontist. ($1,588 claim and $586 expenses.)

Their situations might be different, but the result is the same. Dental assistants have been sued and have benefited from the advice, legal support and financial payments included with our national malpractice program.
 
To date this does represent a very good loss history with no mid to large losses. However the national malpractice insurance program is designed to provide the protection for injury to dental patients that result in large claims of pain/suffering/injury and even death. Anesthetic mistakes, hand slips, choking or even allergic reactions all pose serious risks to patients and could result in very large lawsuits.
 
Where do you live and work? Depending on your province, you can access the national malpractice insurance program in different ways:  

• In Alberta, active RDAs who choose the full member benefit package are automatically included in the CDAA Malpractice Program when they pay the full fees to the College of Alberta Dental Assistants.
• Professional liability insurance is mandatory in Saskatchewan through the requirements of The Dental Disciplines Act. All dental assistants who hold a practicing license in Saskatchewan are covered by professional liability insurance through your annual practicing license fee.
• Once dental assistants in Manitoba have completed their annual registration form and sent payment to the Manitoba Dental Association, the MDA will forward their names to the insurance company and the payment required from their annual registration fee. No additional fees are collected since the cost is included in the registration payment.
• If you live in any other province or territory in Canada, you can complete the Malpractice Form and either mail or fax it to the CDAA office.

Individual renewal notices for CDAA's malpractice insurance will NOT be sent prior to the expiry of annual coverage. However, applications to renew coverage will be sent out each year by the CDAA, usually accompanying the CDAA publication. Once your application is processed, please ensure your receipt is received and completed properly, as it is evidence of your coverage.

To download a copy of the application form, please click here. 

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