Dental practice and dentist malpractice insurance in Connecticut

Connecticut's three-year limit and its malpractice mandate

Connecticut gives dental patients a short window. Under C.G.S. 52-584, which names dentists expressly, a malpractice suit must be brought within two years of when the injury is first sustained or discovered, or reasonably should have been, and never more than three years after the act or omission. A patient's lawyer can get one automatic 90-day extension by petitioning the court clerk, to allow time for the pre-suit inquiry.

Coverage is required, not optional

C.G.S. 20-126d(a) requires each licensed dentist who provides direct patient care to maintain professional liability insurance, or other indemnity, of at least $500,000 per person per occurrence and $1,500,000 in aggregate. Insurers must report cancellations and non-renewals of these policies to the Commissioner of Public Health each year, and failing to keep coverage is a listed ground for discipline under 20-114(a)(14). Expanded function dental assistants must carry the same limits while working in that role. The one narrow exception is unpaid volunteer work at a licensed 501(c)(3) clinic that carries the required coverage.

No damages cap

No Connecticut statute caps economic or non-economic damages in a malpractice case. A 2006 report from the legislature's Office of Legislative Research left Connecticut off its list of states that cap non-economic damages, and it listed cap bills that committees proposed in 2005 but never reported out.

The good-faith certificate and opinion letter

Before suing, the patient's attorney must make a reasonable inquiry and file a good-faith certificate with the complaint. It's backed by a written, signed opinion from a "similar health care provider" that there appears to be evidence of negligence, with a detailed basis, and a copy (author's name redacted) is attached to the complaint. Without that opinion the case can be dismissed. Once a valid certificate is filed, C.G.S. 52-190c sends the case to mandatory court mediation before pleadings close, for a referral of up to 120 days unless the court extends it, and a representative of each insurer that may have to pay must attend.

Meeting the mandate and going past it

• The statute sets a minimum. $500,000/$1.5 million keeps your license in good standing. With no cap on damages, it's worth pricing higher limits too, such as $1 million per claim and $3 million aggregate. Connecticut itself expects $1 million/$3 million in total coverage from a volunteer clinic that relies on the 20-126d exception.
• No lapse between policies. When you switch carriers, buy a practice or join a group, line up the new policy and the old one's tail or prior-acts coverage so there's no gap, both for past treatment and for the mandate.
• Consent to settle. Any payment on a malpractice claim for a dentist is reported to the National Practitioner Data Bank and the licensing board.

We aren't giving legal advice; a Connecticut attorney should review any claim. More on tail in the claims-made vs occurrence guide.

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DPH and the Connecticut State Dental Commission

Connecticut splits the work. The Department of Public Health licenses dentists and investigates complaints, and the State Dental Commission hears and decides discipline. Dentists register every year during their birth month. Renewal requires 25 contact hours in the preceding 24 months, with at least one hour each in infection control in a dental setting, prescribing controlled substances and pain management, and three of the ten topics DPH publishes for the period. The first renewal is exempt. Failing to follow current CDC infection-control guidelines for dental settings is a ground for discipline on its own.

Complaints go to DPH's Practitioner Licensing and Investigations Section by mail, email or fax, and DPH says the person who filed should get a written acknowledgment within two weeks. A 2015 DPH advisory called infection-control complaints a high priority, with an investigation and on-site inspection generally within one week. Legal help for that stage is what board complaint coverage usually pays for.

Connecticut workers' comp from the first paid employee

Hiring even one paid employee, such as a single dental assistant, puts a Connecticut practice under the comp law. An officer of a dental PC can step out by giving written notice to the practice and to the administrative law judge. A sole proprietor is outside the Act unless they opt in by writing to the chairperson, while partners are treated as covered unless every partner signs a written election to be excluded. After a citation and hearing, an uninsured employer faces a civil penalty of up to $50,000, and an owner or officer who knowingly and willfully skips coverage commits a class D felony. Dental offices are commonly rated under NCCI's physician-and-clerical class, 8832, but your carrier confirms the code. See workers' comp for dental practices.

Connecticut breach notice and the identity-protection offer

C.G.S. 36a-701b requires notice without unreasonable delay and within 60 days of discovering a breach, and its definition of personal information includes medical and treatment information and health insurance subscriber numbers. The Attorney General must be notified no later than residents are. If SSNs or taxpayer ID numbers are exposed, the business must offer at least 24 months of identity theft prevention services at no cost.

A practice that is subject to and complies with HIPAA and HITECH is deemed compliant, but only if it also notifies the Attorney General when it notifies residents and offers the required identity-theft services. HIPAA itself sets 60 days after discovery as the latest a patient can be told. Your attorney can confirm what applies. See cyber insurance for dentists.

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Connecticut cities where we insure dental practices

Licensed in Connecticut

Dental Practice Insurance Group is a brand of The Allen Thomas Group, licensed in Connecticut (License #2668839, NPN 7642818). A licensed agent on our team reviews a Connecticut practice's answers with you, including the limits the state requires, before any quote goes out.