Dentists aren’t the only ones at risk of being sued if something goes wrong with a patient. Because of their multifaceted role in oral health care and patient education, dental hygienists may be the subject of, or brought into, malpractice allegations and lawsuits—which can impact their finances and even their careers.  

Hygienists, know your risks

The risk environment is evolving quickly for dental hygienists, making it critical for them to understand their exposures and practice good risk management strategies to help protect their careers. Some of the malpractice risks dental hygienists face seem to be constants in the industry, from inadvertently causing physical injury to a patient to failing to appropriately document an issue or update a medical record. Others are driven by emerging and evolving technologies. For example:

• Artificial intelligence – Now present in nearly every sector of health care, AI can help professionals more efficiently analyze complex data, apply findings to clinical situations, render evidence-based treatment decisions, and enhance care planning. However, as AI utilization expands within the dental industry, so do related liability exposures. It is crucial to approach AI with caution, helping ensure that it is used ethically and responsibly. By staying informed about AI advancements and understanding its potential risks, dental hygienists can help integrate this technology into practice while continuing to provide patient-centered care.
• Patient recordings – As smartphones and social media have become ubiquitous, the number of recordings posted online continues to grow. Without a recording policy, dental offices are vulnerable to the potential risks of a patient recording an interaction with their staff. When evidence of health-care professionals behaving inappropriately goes public, it can result in significant professional harm, including possible legal action, for those involved. Recordings may also impact the types and number of damages awarded because of the perception that what is said, or tone of voice used, in the audio or video clip reveals a lack of empathy by the defendant.  
• Social media – Social media poses hazards for dental hygienists, who must remember that professional standards are the same online as in any other circumstance. Posting on platforms like Facebook, Instagram, or TikTok can lead to violations of patient privacy and/or confidentiality or accusations of unprofessional behavior. 
  

Common misunderstandings about social media also may contribute to unacceptable postings, such as the incorrect belief that postings are private and accessible only by the intended recipient; deleted content is no longer available; it’s okay to talk about patients using nicknames; and it’s harmless to disclose patient information if it’s accessed only by the intended recipient.

When a risk escalates for a dental hygienist, it can lead to one of two scenarios:

1. A license protection incident that involves an inquiry by the licensing board arising from a complaint. The allegation can be directly related to the dental hygienist’s responsibilities and professional services, and/or they may be of a nonclinical nature (e.g., substance abuse or unprofessional conduct). The board can suspend or revoke a license. Its primary mission is to protect the public from unsafe practice.
2. A professional liability claim that involves a civil lawsuit arising from a malpractice claim. Allegations are related to clinical practice and professional responsibilities. The civil justice system cannot suspend or revoke a dental hygienist’s license to practice. Rather, professional liability lawsuits serve to fairly compensate patients who assert that they have suffered injury or damage as a result of professional negligence.

Hygienists need to protect themselves

Understanding the risks and adopting consistent risk management practices can be a dental hygienist’s best defense against a potential licensing board matter or malpractice claim. Dental hygienists should keep these five tips in mind to help protect the career they love:

1. Practice within the requirements of the state practice act, in compliance with organizational policies and procedures, and within the national standard of care.
2. Maintain basic clinical and specialty competencies by proactively obtaining the professional information, education, and training needed to remain current regarding scope of practice, techniques, clinical practice, and equipment.
3. Document patient care assessments, observations, communications, and actions in an objective, timely, accurate, complete, and appropriate manner.
4. Utilize available resources when faced with patient care or practice issues. These resources may include a supervising dentist, an office manager, a risk manager, or legal department.
5. Maintain files that can be helpful with respect to your character, such as letters of recommendation, performance evaluations, and continuing education certificates.

Dental hygienists should also consider obtaining their own malpractice insurance. Employer-provided malpractice insurance alone may not be enough to safeguard them. Securing an individual policy helps ensure dental hygienists remain in control of their careers, their financial security, and their ability to continue the career they love.

This article is provided for general informational purposes only and is not intended to provide individualized business or legal advice.