Extractions · endodontics · nerve damage
Professional indemnity – Dentist
You work in an area of a few millimetres, with an X-ray as your main guide. If it goes wrong, the consequence is visible, often permanent and easy to quantify.
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Deze pagina in het Nederlands: Beroepsaansprakelijkheid – Tandarts.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Claims against a dentist are rarely about a wrong diagnosis and almost always about a procedure carried out: a lip and chin left permanently numb after removing a wisdom tooth or placing an implant, a perforated root or a file broken off during root canal treatment, irrigant that ends up outside the canal, a tooth extracted that was not the intended one. The standard is that of a good care provider in Article 7:453 of the Dutch Civil Code, filled in by the professional standard.
An equally large share of cases turns not on the treatment itself but on the information given beforehand. Article 7:448 of the Dutch Civil Code requires you to inform the patient about the nature of the procedure, the risks, the alternatives and the expected outcome. In implantology and cosmetic dentistry that weighs heavily, because the patient had no complaint beforehand and the comparison is therefore made with the promise and not with the starting position.
As a self-employed professional you are a party to a claim in your own right, even when you work in someone else's chair. Choose a form of policy in which personal injury arising from the practice of your profession is included; a variant that only covers financial detriment is unsuitable for this work. See also the liability insurance for care and welfare and the hub page on the BAV.
This page deals with one situation. The full overview is on Compare professional indemnity insurance (BAV).
What to look out for
Four subjects that determine whether a dental claim is actually covered.
Make consent and information demonstrable
Note for each treatment plan which alternatives you discussed, which risks you named and what the patient chose. In a claim about nerve damage or a failed implant that is the only evidence that you complied with Article 7:448 of the Dutch Civil Code. A signature under a cost estimate is not consent to the procedure.
What you do must be on the application
Implantology, bone grafting, oral surgery, orthodontics, nitrous oxide or intravenous sedation and cosmetic treatments are assessed procedure by procedure and are sometimes excluded. If you carry out something that has not been declared, the insurer can reduce payment under Articles 7:928 and 7:930 of the Dutch Civil Code. Report an extension at the moment you start it.
Laboratory work and materials
A crown, bridge or denture comes from a dental laboratory. If such a piece of work breaks because of a defect, the product liability in Article 6:185 of the Dutch Civil Code lies with the producer, but the patient claims against you as the user of an unsuitable auxiliary item (Article 6:77 of the Dutch Civil Code). Keep laboratory dockets and material details. Without that information, recovery from the laboratory is out of the question.
Four things the policy does not cover
Outside the cover are: disciplinary measures and administrative fines; intent and wilful recklessness (Article 7:952 of the Dutch Civil Code); warranties about durability or colour of your work; and redoing your own treatment free of charge, including refunding your fee. Damage to equipment of the practice where you work also falls under the care, custody and control exclusion.
What does your premium depend on?
- Turnover from treatments: the common basis for the premium
- Range of procedures: surgery and implantology weigh more heavily than general practice
- Sedation and anaesthetic techniques: nitrous oxide and intravenous sedation are assessed separately
- Share of cosmetic dentistry: managing expectations leads to a claim more often here
- Sum insured and excess: per claim and per insurance year
- Retroactive and run-off periods: endodontic and implant work sometimes only fails after years
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | AVB | BAV |
|---|---|---|
| A file breaks off and is left in the root canal and the tooth is lost after all | No | Yes |
| Through a mix-up in the file you extract the wrong tooth | No | Yes |
| An assistant at the practice where you are standing in makes a mistake during your treatment | No | Provided that |
| A patient trips over your bag next to the treatment chair | Yes | No |
| Your own loupes fall onto the floor and break during a treatment | No | No |
| The practice withholds your fee after a patient complained about your work | No | No |
Choose a variant that includes injury arising from professional practice, otherwise it is precisely the treatment claim that stays uninsured.
Frequently asked questions
This is what people ask us most.
I work as a self-employed professional in someone else's practice. Am I covered by their policy?
Usually not, and the difference is greater than it looks. A dentist in employment is protected by Article 7:661 of the Dutch Civil Code: the employer can only recover the loss from him in cases of intent or wilful recklessness. As a contractor you do not have that protection, so both the patient and the practice can come to you. So arrange your own cover in your own name.
A patient does not like the colour of his crown and wants his money back.
That is not an insured loss. Remaking your own work and refunding your fee fall outside every professional indemnity insurance. What is insured is the detriment someone else suffers through your mistake. Avoid the discussion by recording in advance what you promise about colour, shape and lifespan, and do not use words like guarantee in your treatment plan.
There is a complaint before the regional disciplinary tribunal. Does the insurer pay for my defence?
Only if disciplinary law assistance is included as a separate section. The disciplinary law in Article 47 of the Wet BIG assesses your conduct as a professional and awards no compensation, so in principle liability cover does not come into play. A legal expenses insurance for self-employed professionals is the alternative; check there whether disciplinary cases are included.
I am stopping self-employed work and taking a job. Can my policy go?
Not without run-off cover. Your policy works on a claims-made basis, with the moment of notification determining which insurance a claim falls under. With root canal treatment and implants in particular, the complaint often comes years after the procedure. Arrange run-off cover before you cancel, because afterwards it is virtually unobtainable.
Read more
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