Dental practice and dentist malpractice insurance in Maryland

Maryland's HCADRO filing, the rising cap and your malpractice policy

A Maryland patient can't take a dental malpractice claim straight to circuit court. It's filed first with the Director of the Health Care Alternative Dispute Resolution Office (HCADRO), which has it served on you. Unless the only issue is informed consent, the patient must file a qualified expert's certificate within 90 days, stating that the care departed from the standard and caused the injury, or the claim is dismissed without prejudice. A single extension of up to 90 days is possible in limited cases.

The defense has a deadline too. A dentist who disputes liability must file a defense expert's certificate within 120 days after the patient's certificate is served, or liability may be decided in the patient's favor. Once the patient's certificate is on file, either side can waive arbitration and move the case to circuit court.

A cap that climbs $15,000 a year

Maryland caps non-economic damages under Courts and Judicial Proceedings 3-2A-09, and dentists are named as health care providers in the subtitle's definitions. The cap was $650,000 for causes of action arising from 2005 through 2008 and has risen $15,000 every January 1 since 2009. Eighteen increases through 2026 put it at $920,000 for causes of action arising in 2026. The figure is set by the year the cause of action arises, not the year of trial. It applies once to all claims from the same injury, however many defendants there are, and a wrongful-death case with two or more beneficiaries gets 125% of it. Economic damages aren't capped, and the jury isn't told the limit.

Five years or three from discovery, whichever comes first

Under CJP 5-109, a claim must be filed within five years of the injury or three years of its discovery, whichever is earlier. Filing with HCADRO counts as filing the action. For a child hurt before age 11, the clock doesn't start until the 11th birthday, or the 16th for reproductive-system or foreign-object injuries.

No fund, and no mandate we could find

The malpractice subtitle creates no patient compensation fund, so nothing sits above your own limits. Our research found no statute requiring Maryland dentists to carry malpractice insurance, though hospitals and insurance panels often ask for it at credentialing.

Reading your policy with Maryland in mind

• Speed of defense. With a 120-day certificate deadline, ask how fast the carrier assigns counsel and retains an expert once you report an HCADRO claim.
• Limits above the cap. Economic losses are uncapped, so the cap isn't a ceiling on a claim's cost. When you compare quotes, put one at $1 million per claim and $3 million aggregate beside a higher option.
• Tail and young patients. The under-11 rule can keep a pediatric claim open long after five years, which is worth weighing when you sell or retire with claims-made coverage.
• Consent to settle. A paid claim is reported to the National Practitioner Data Bank and the licensing board.

This is general information, not legal advice; confirm how it applies with a Maryland attorney. The claims-made vs occurrence guide explains tail and retro dates.

Get a quote for your dental practice →

The Maryland State Board of Dental Examiners

Maryland dentists renew every two years with the State Board of Dental Examiners, part of the Maryland Department of Health. The 30 Board-approved CE hours must be finished in the two-year period ending December 31 of the year before the license comes due. Each cycle includes 2 hours of infection control. Other required courses include one on proper prescribing and disposal of prescription drugs, a 2-hour Maryland abuse-and-neglect course every other cycle and a one-time implicit bias course. CPR certification is required but earns no credit, office management and HIPAA courses don't count, and self-study is limited to 17 hours.

Patients file a signed complaint form with the Board by mail, and the Board investigates. Public disciplinary orders are posted on the Board's site. In 2021 the General Assembly ordered the Board to study its disciplinary process (SB 836). Defense fees for a Board matter are separate from a lawsuit; see board complaint coverage.

Maryland workers' comp and the per-day hygienist question

Under Labor and Employment 9-202, Maryland treats a person hired under a contract of hire as a covered employee until the employer shows, under common-law tests, that the person is an independent contractor. A hygienist paid by the day is presumed an employee, not a vendor.

Paid officers of a dental corporation and paid LLC members start out covered. Section 9-206 lets some of them step out, including an officer of a close corporation, an officer of a professional corporation who owns at least 20% of its stock and practices there, and an LLC member with a profits interest of 20% or more. Opting out means filing a written notice with both the Commission and your comp carrier.

Not securing comp is a misdemeanor in Maryland, with fines as high as $5,000 and possible jail time of up to one year. For a dental corporation, the statute points at the officer responsible for its general management. Dental offices commonly land in NCCI class 8832, the physician-and-clerical code, with the carrier assigning the final class. See workers' comp for dental offices.

Maryland breach notice: the Attorney General hears first

The Maryland Personal Information Protection Act (Commercial Law 14-3504) requires notice as soon as reasonably practicable after a prompt, good-faith investigation, and no later than 45 days after the business discovers or is told of the breach. Before any resident is notified, the Office of the Attorney General must get a notice with the number of Marylanders affected, a description, the steps taken and a sample letter. A vendor holding the data must tell the practice within 10 days.

A business that is subject to HIPAA and complies with it is deemed to comply with the Maryland subtitle (14-3507(d)). The federal rule then governs patient notice, which must go out promptly, with 60 days from discovery as the outer limit. Your attorney can confirm how that applies to your office. For the costs a policy may cover, see dental practice cyber insurance.

Get a quote for your dental practice →

Maryland cities where we insure dental practices

Licensed in Maryland

Dental Practice Insurance Group is a brand of The Allen Thomas Group, licensed in Maryland (License #3003445098, NPN 7642818). For a Maryland practice, a licensed agent on our team goes over your answers with you before preparing a quote.