In malpractice litigation, can a patient sue both the dentist and the staff?

• A. No
• B. Only if consent
• C. Yes
• D. Only if the insurer approves

Answer: (C)

The concept being tested is that liability in dental malpractice can extend beyond just the dentist to include staff members who were involved in or contributed to the negligent care. In a dental setting, the dentist can be held responsible for the actions of employees under the doctrine of vicarious liability, because staff act within the course and scope of their employment and under the dentist’s supervision. At the same time, staff themselves can be directly liable for their own negligent acts. This means a patient can pursue a claim against multiple parties in the same case and seek damages from all who were responsible, based on fault.

The need for consent or insurer approval does not determine whether a malpractice action can be filed against the dentist and staff; consent relates to treatment authorization, not litigation rights, and insurer approval is not a prerequisite for filing or pursuing a claim. For example, if a staff member administers a procedure negligently, the patient could sue the staff member and the dentist who supervised them, with liability potentially apportioned according to fault.