Frequently Asked Questions

DENTPROTECT

General Questions

What is DentProtect Indemnity Policy?

It is a professional indemnity protection plan to cover against dental negligence for all dental practitioners in Malaysia.

Why must I have an indemnity plan?

To renew your yearly Annual Practicing Certificate (APC)

To protect your wealth from any claim against dental negligence

The most comprehensive syariah-compliant indemnity plan in the market

Who is the insurer for this plan?
Syarikat Takaful Malaysia Am Berhad is our insurer.
Why is DentProtect the preferred choice?
DentProtect provides the most comprehensive tailor-made plan with up to 16 benefits in an all-in-one package at affordable pricings. Apart from that, our team of advisors consist of experienced dental practitioners to assist you.

Our advisor at DentProtect is MediPlanner. With a line of advisors who are dental practitioners with years of expertise and experience in risk management, medicolegal matters, etc., we understand you better and can assist you for any future claims. Being the first professional advisor team in Malaysia, we indeed have better understanding that enables us to provide more value to our clients and more relevance to dentistry.

I am a dental practitioner in the government sector. Why must I take an indemnity policy?
It is true that the government will pay for your defence costs and damages claimed. However, the MDA’s investigation and enquiry costs are NOT COVERED.

These incurred costs can go up to a 5-figure expense but if you take DentProtect, these costs will also be covered at only RM 731 per year for a RM 500,000 limit of liability.

What is a retroactive cover?

It means that your policy gives you a back dated cover against your past practices.
Example: You started practice in 2016. Your policy’s retroactive cover is from December 2016 until December 2020 but you received your indemnity policy only in January 2020. Then, in May 2020, you received a legal letter for a case back in 2017. Nevertheless, you do not have to worry because your policy will give you the cover as long as it is not a known claim.

What is the claim-made basis?
It means that the policy works based on claim, which means if you receive any claim made within the policy active date, the insurer will cover you as long as the case is within the retroactive date as stated in your policy.
Example:
Policy date: 1/1/2020 – 31/12/2020
Claim date: 1/5/2020
Retroactive date: 1/1/2015 – 31/12/2019
Case date: 5/5/2018
You are definitely DentProtect-ed!
Am I still covered even after I ceased from practice?
Yes! DentProtect gives you up to FREE 6 years run-off cover even after you stop practising.
What are other benefits offered by the DentProtect indemnity protection plan?
Legal representation at inquiries and investigations

Loss of documents

Personal Accident Cover

Aggravated damages, and more!

Why is the cover for aggravated damage important?
Aggravated damage is a new type of damage being claimed in court. The latest amount of claim is RM 1.25 million and the highest being awarded is RM500,000.
If your policy does not cover this, you have to pay on your own as the insurer is putting this damage under their exclusion.
Your Title G How long does a patient have to bring a case against a dental practitioner?oes Here
Government : within 3 years
Private : within 6 years
I am a clinic owner. Unfortunately, my locum doctor made a mistake. Does my policy cover me?

Yes! We offer a comprehensive cover including locum cover without additional price.

I already have an indemnity plan with another company. Can I still shift to DentProtect?
Yes, you can do it immediately. What you should do is to write to your current indemnity provider on your intention to cancel the existing policy and they will refund you the prorated amount for the period of non-coverage.

Feel free to contact us for further assistance about this

Is DentProtect syariah-compliant?
Yes. We provide a Takaful Certificate which is a syariah compliance policy as it is an obligation for Muslims to look for it when it is available.
Does DentProtect cover my clinic?
Our policy is an individual policy cover. For clinic or hospital cover we can provide the protection under Medical Malpractice Establishment Policy.

Feel free to contact our team of advisors for more information.

What is Dental Malpractice?

General Definition

It is a situation where a dental practitioner or dental centre/clinic (or both) provided ‘bad’ dental care which caused damage to a patient’s oral health. It can include:

  • Giving wrong dental advices
  • Making a wrong diagnosis
  • Prescribing the wrong treatment
  • Making mistakes in a surgical operation
  • Failing to act on time, etc.
Components of Dental Malpractice Claim

1. The ‘mistake’ must be one which fell below the standard of a competent dental practitioner.

• In other words, the court will take into consideration what a competent dental practitioner or dental centre/clinic would have done in that same situation.

2. The ‘mistake’ must have caused damage to the patient’s oral health which would not have otherwise occurred.

• The damage or injury to the patient’s oral health completes the legal cause of action of dental negligence.

    Time Limit

    A civil suit needs to be filed in court within six (6) years from the date of the negligence act complained of or the date from which the injury arises.

    • If the civil suit is filed out of time, it can be struck out by the court for that reason alone, regardless of the merits of the case.
    DEATH INVOLVEMENT

    If the negligent act resulted in the death of the patient, the estate of the patient (usually represented in law by family members) will have three (3) years to file the civil suit in court.

     

    What Can You As A Dental Practitioner Be Sued For?

    1. General Damages (Non-Quantifiable)

    Example: Awarded to represent injury and losses, that includes pain and suffering, emotional trauma and loss of amenities of life.

    2. Special Damages (Quantitative Claim)

    Example: Cost for surgeries necessitated by the negligent treatment, medication, dental bills, equipment and loss of salary for the period the plaintiff was unable to work due to the injury.

    3. Aggravated Damages

    4. Exemplary Damages

    Who Can Be Sued?
    1. Dental staff: Dentists, Dental specialists, Dental Surgery Assistants (DSA)/Nurses, etc.
    2. Dental centre
    3. Dental clinic

    This means that the dental practitioner and the dental clinic/centre need to have their own indemnity covers.

     

    How Long Can A Case Last?

    From 9 months to 6 years in average cases.

     

    What Is Ex-Gratia?

    It is an “out of court settlement”, where the cases do not need to be taken into the court for trial.

     

    Who Will Pay For The Legal Costs and Settlements?

    If you have a dental practitioner professional indemnity protection plan like DentProtect, your insurer will bear all the legal costs and expenses from the beginning until the end of the case.

    Example: In 2017/2018, there was a case involving the former Deputy Prime Minister’s son-in-law’s death over a wisdom tooth extraction surgery in which the dental centre was slammed with a hefty fine of RM 320,000 for dental negligence causing death. 

    In cases like this, DentProtect would be able to pay the legal costs and settlements involved in the case.