Malpractice insurance
Do You Really Need Malpractice Insurance? A Guide for New Dental Practices
Dentistry Insured by Emery & Webb, Inc. · 8/19/2025

Starting a new dental practice is an exciting milestone and a serious investment. Between setting up your office, hiring staff, and establishing trust in your community, there’s one question that often gets pushed to the side:
Do I really need malpractice insurance?
The short answer? Yes.
The longer answer involves understanding the risks, responsibilities, and protections that come with practicing dentistry today.
What Is Dental Malpractice Insurance?
Dental malpractice insurance (also known as professional liability insurance) protects you and your practice if a patient claims your services caused injury, harm, or failed results. This coverage helps pay for:
• Legal defense costs
• Settlement or judgment payouts
• License protection in the event of a board investigation
• Claims of negligence, misdiagnosis, or procedural error
Even with the highest standards of care, accidents, complications, and misunderstandings happen and patients can sue even if you’re not at fault.
Why New Practices Are Especially Vulnerable
As a new practice, you may not yet have a solid patient base, online reputation, or financial buffer to weather a lawsuit. A single claim frivolous or legitimate can cost tens of thousands in legal fees alone. That kind of financial hit early on could threaten the future of your practice.
Here’s why malpractice coverage is critical from day one:
• Patients are more informed and litigious than ever before
• State boards take complaints seriously, regardless of your intent or experience level
• A malpractice claim can damage your reputation, even if you win
What Does a Malpractice Policy Cover?
A typical dental malpractice policy covers:
• Alleged errors or omissions in care
• Failure to diagnose or misdiagnosis
• Procedural complications
• Informed consent disputes
• Board investigations or license defense
Policies come in two main types:
Claims-Made: Covers claims only if the policy is active both when the incident occurred and when the claim is filed
Occurrence-Based: Covers claims for incidents that occurred while the policy was active, even if filed later
Not sure which one is right for you? We can help walk you through the pros and cons of each.
How Much Coverage Do You Need?
This depends on your:
• Location (state laws vary)
• Specialty services offered (e.g. surgery or sedation)
• Patient volume
• Employment status (owner, associate, contractor)
Many new practices start with $1 million per claim / $3 million aggregate annually, which is often the industry standard but your needs may vary.
What Happens Without It?
Practicing without malpractice insurance leaves you exposed to:
• Personal financial liability
• Business closure from high legal costs
• Loss of licensure or privileges
• Difficulty joining networks or hiring associates
In short: it’s not worth the risk.
Getting Started: What to Look for in a Policy
When shopping for malpractice insurance, look for:
• Specialization in dental coverage
• Defense costs paid outside the limits
• Coverage for board investigations and HIPAA violations
• Optional tail coverage if switching from a claims-made policy
Protect Your Practice from Day One
As a new dental practice, investing in malpractice insurance isn’t just a smart business move it’s essential protection for your career, your reputation, and your peace of mind.
At Dentistry Insured by Emery & Webb, we specialize in dental practice insurance and work with new dentists every day. We’ll help you find the right coverage at the right price so you can focus on building your practice with confidence.
Ready to get started?
Contact Dentistry Insured by Emery & Webb today for a customized malpractice insurance quote and expert guidance built for new practices.