GDC issues warning over indemnity

GDC issues warning over indemnity

Following the case of Clinical Dental Technician Paul Robert Cullen, who received an Interim Suspension of 6 months from the GDC in June, the Council has issued a warning registrants to ‘read the small print’ within their indemnity policies and decide whether they are appropriately covered. The BDA is also advising its members to look carefully at wider areas of exclusion or the conditions of cover.

Mr Cullen was referred to the Interim Orders Committee of the GDC by the Registrar, The clinical dental technician had contacted the GDC to express concern about the adequacy of his professional indemnity. He explained that the concern arose after he had contacted his then indemnity provider following the receipt of a patient complaint. He was advised that he did not have adequate cover in the circumstances. As a result of this Mr Cullen had closed his practice and ceased practising as clinical dental technician until further notice.

The GDC time had looked at further information provided by Mr Cullen in relation to an insurance policy that he had sought and obtained. At the IOC hearing, the Committee was told that Mr Cullen’s current indemnity providers dated had told him that: ‘A claim arising out of the failure to recognise oral cancer, hepatitis, HTV III, LAC or breaking of the skin’ would not be covered under his present policy. The GDC was concerned that Mr Cullen’s current indemnity remained inadequate.

On behalf of the GDC, Mr Middleton applied for the imposition of an interim order of suspension on Mr Cullen’s registration for a period of 15 months. Mr Middleton submitted that an order is necessary for the protection of the public and is otherwise in the public interest. He submitted that the risk in this case arises from the information that Mr Cullen does not currently have adequate indemnity cover. The Committee had also been told of a letter from the British Association of Clinical Dental Technology which appeared to suggest that Mr Cullen had taken out the insurance policy with his current insurance provider in good faith and on the endorsement of the BACDT. The IOC imposed a six month interim suspension.

The BDA has warned its members to ‘check the small print’ on their indemnity policies to ensure there are appropriately covered. The policy considered by the GDC contained some exclusions relating to the transmission of blood-borne diseases that led the panel to conclude that the policy did not fulfil Standard 1.8 within the GDC Standards for the Dental Team. ‘You must have appropriate arrangements in place for patients to seek compensation if they suffer harm’

Peter Ward, Chief Executive of the BDA said: “This is a call to action to all dentists - review your indemnity arrangements. Look through the small print and check out the conditions and restrictions, and ask your insurer what they mean and what the expectations are upon you. 

“We also call on all providers of cover. Tell us what your exclusions are, when they would apply and what the consequences would be to those who entered into these agreements in good faith. The dental profession and providers need a real debate about indemnity. At a time when fees are rising, many may be searching for a better deal. But a cheaper option with holes in it is not a real option at all when your professional registration is at risk if it goes wrong.”

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