Key Points
-
Highlights the 11-year trends in US dental malpractice payments (2004-2014).
-
Discusses how the trend in dental malpractice payments differs from the trend in medical malpractice payments.
-
Describes how some differences between the medical and dental professions which may contribute to the different trends in malpractice payments.
Abstract
Background Little is known about trends in the number of malpractice payments made against dentists and other health professionals. Knowledge of these trends will inform the work of our professional organisations.
Methods The National Practitioner Data Bank (NPDB) in the United States was utilised. Data about malpractice payments against dentists, hygienists, nurses, optometrists, pharmacists, physicians (DO and MD), physicians' assistants, podiatrists, psychologists, therapists and counsellors during 2004–14 were studied. Variables include type of healthcare provider, year malpractice payment was made and range of payment amount.
Results In 2004 there were 17,532 malpractice payments against the studied health professions. In 2014 there were 11,650. In 2004, the number of malpractice payments against dentists represented 10.3% of all payments and in 2014 it represented 13.4%. Number of malpractice payments against dentists in 2012–2014 increased from 1,388 to 1,555.
Conclusions There is an upward pressure on the number of dental malpractice payments over the last 3 years. Concurrently, there is a downward pressure on the number of combined non-dentist healthcare professional malpractice payments.
Similar content being viewed by others
Log in or create a free account to read this content
Gain free access to this article, as well as selected content from this journal and more on nature.com
or
References
American Bar Association website. ABA National Lawyer Population Survey. Available at http://www.americanbar.org/content/dam/aba/administrative/market_research/national-lawyer-population-by-state-2006-2016.authcheckdam.pdf (accessed September 2016).
Bilimoria K Y, Sohn MW, Chung JW, Minami CA, Oh EH, Pavey ES, Holl JL, Black BS, Mello MM, Bentrem DJ . Association Between State Medical Malpractice Environment and Surgical Quality and Cost in the United States. Ann Surg 2016; 263: 1126–1132.
Chaserant C, Harnay S . Self-regulation of the legal profession and quality in the market for legal services: an economic analysis of lawyers' reputation. Eur J Law Econ 2015; 39: 431–449.
Tolisano A M, Justin G A, Ruhl D S, Cable B B . Rhinology and medical malpractice: An update of the medicolegal landscape of the last ten years. Laryngoscope 2016; 126: 14–19.
Baker S R, Patel RH, Lelkes V, Castro A 3rd, Sarmast U, Whang J . Non-spinal musculoskeletal malpractice suits against radiologists in the USArates, anatomic locations, and payments in a survey of 8: 265 radiologists. Emerg Radiol 2014; 21: 29–34.
Hughes R G, Hunt S S, Luft H S . Effects of surgeon volume and hospital volume on quality of care in hospitals. Med Care 1987; 25: 489–503.
Colaco M, Heavner M, Sunaryo P, Terlecki R . Malpractice Litigation and Testicular Torsion: A Legal Database Review. J Emerg Med 2015; 49: 849–854.
Nalliah R P . Do Dentists make poor leaders? Br Dent J 2016; 220: 389–391.
Census Bureau website. QuickFacts. Available at http://www.census.gov/quickfacts/table/PST045215/00 (accessed December 2016).
Larson KJ, Hamlin RJ, Sprung J, Schroeder DR, Weingarten TN . Associations between Charlson Comorbidity Index and surgical risk severity and the surgical outcomes in advanced-age patients. Am Surg 2014; 80: 555–560.
Tsimtsiou Z, Kirana PS, Hatzimouratidis K, Hatzichristou K . What is the profile of patients thinking of litigation? Results from the hospitalized and outpatients' profile and expectations study. Hippokratia 2014; 18: 139–143.
Pew Research Center website. The rising age gap in economic well-being. Available at http://www.pewsocialtrends.org/2011/11/07/the-rising-age-gap-in-economic-well-being/ (accessed September 2016).
McClellan FM, White A A 3rd, Jimenez R L, Fahmy S . Do poor people sue doctors more frequently? Confronting unconscious bias and the role of cultural competency. Clin Orthop Relat Res 2012; 470: 1393–1397.
Reiss W, Dick M, Walther W, Brauer H U . How dentists experience legal disputes with their patients a qualitative approach. Gesundheitswesen. 2013 May; 75: 296–300.
Chandra A, Nundy S, Seabury S A . The growth of physician medical malpractice payments: evidence from the National Practitioner Data Bank. Health Aff (Millwood) 2005; W5-240–W5-249 (Suppl Web Exclusives).
US Department of Health and Human Services website. National Practitioner Data Bank - Data analysis tool - Methods. Available at https://www.npdb.hrsa.gov/analysistool/crosstab/methods.jsp (accessed December 2016).
US Department of Health and Human Services website. National Practitioner Data Bank - Data analysis tool - Medical Malpractice. Available at https://www.npdb.hrsa.gov/analysistool/crosstab/index.jsp?REP=MMPR&noQuery=Y (accessed December 2016).
JMP Pro website. Available at http://www.jmp.com/en_us/software/jmp-pro.html (accessed December 2016).
National Commission on the Certification of Physicians' Assistants website. Accessed 3/20/2016 and available at https://www.nccpa.net/Uploads/docs/2014StatisticalProfileofCertifiedPAsPhysicianAssistants-AnAnnualReportoftheNCCPA.pdf.
Physicians' Foundation website. Accessed 4/2/2016 and available at http://www.physiciansfoundation.org/uploads/default/2014_Physicians_Foundation_Biennial_Physician_Survey_Report.pdf.
Care National Physician Recruitment website. Accessed 10/18/2015 and available at http://carenational.com/doctorsfindsoloacttoughmedicinestabilitypayluremoretohospitalshealth-systems/.
Colon G A, Mango GP . 1999. “M&A Malpractice”, The McKinsey Quarterly. Number 1: 2062–77.
Bhatia RS, Austin PC, Stukel TA, Schull MJ, Chong A, Tu JV, Lee DS . Outcomes in patients with heart failure treated in hospitals with varying admission rates: population-based cohort study. BMJ Qual Saf. 2014 Dec 23: 981–988. 10.1136/bmjqs2014002816. Epub 2014 Jul 30.
Livingston HM, Dellinger TM, Hyde JC, Holder R . The aging and diminishing dental faculty. J Dent Educ. 2004 Mar; 68: 345–354.
American Dental Association website. Accessed 8/14/16 and available at http://www.ada.org/en/science-research/healthpolicyinstitute/data-center/dental-practice.
American Dental Association website. Accessed 8/15/16 and available at http://www.ada.org/∼/media/ADA/Science%20and%20Research/HPI/Files/HPIBrief_0815_2.ashx.
Journal of the American Medical Association website. Accessed 7/12/16 and available at http://jama.jamanetwork.com/article.aspx?articleid=1884584.
Health Occupations Students of America website. Accessed 8/8/16 and available at http://www.hosa.org/sites/default/files/RPS2_0.pdf.
American Dental Association website. Accessed 9/29/16 and available at http://ebd.ada.org/en/evidence/guidelines/.
American Dental Association website. Accessed 9/29/16 and available at http://www.ada.org/en/abouttheada/adapositionspoliciesandstatements/policyonevidencebaseddentistry.
Rinella L . Use of medical practice guidelines in medical malpractice litigation – should practice guidelines define the standard of care. The UMKC Law Review 1995-1996; 337–356 (64 UMKC L. Rev. 337 (1995-1996)).
Anderson M, Fitzgerald M, Martin K, Santamaria M, Arendse S, O'Reilly G, Smit de V, Orda U, Marasco S . A procedural check list for pleural decompression and intercostal catheter insertion for adult major trauma. Injury 2015; 46: 42–44.
Crosby E . Review article: the role of practice guidelines and evidence-based medicine in perioperative patient safety. Can J Anaesth 2013; 60: 143–151.
Hyams A L, Brandenburg J A, Lipsitz S R, Shapiro D W, Brennan T A . Practice guidelines and malpractice litigation: a two-way street. Ann Intern Med 1995; 122: 450–455.
Author information
Authors and Affiliations
Corresponding author
Additional information
Refereed Paper
Rights and permissions
About this article
Cite this article
Nalliah, R. Trends in US malpractice payments in dentistry compared to other health professions – dentistry payments increase, others fall. Br Dent J 222, 36–40 (2017). https://doi.org/10.1038/sj.bdj.2017.34
Accepted:
Published:
Issue date:
DOI: https://doi.org/10.1038/sj.bdj.2017.34
This article is cited by
-
Evaluation of dentists’ malpractice fears and defensive dentistry attitudes: a scale development
BMC Oral Health (2025)
-
Complaint trends of dental malpractice in Tehran, Iran: a retrospective study (2016—2022)
The Saudi Dental Journal (2025)
-
Change
British Dental Journal (2017)