More Support For Practice Owners From LDC’s And DDU
- Details
- Published: Wednesday, 16 June 2021 07:39
- Written by Chris Tapper
- Hits: 1386
The Local Dental Committee Conference got its wish this week, when The Dental Defence Union announced that principal and corporate members can now seek assistance with vicarious liability claims.
The DDU has joined Dental Protection and the Medical and Dental Defence Union of Scotland in providing such coverage for members, at no additional cost.
At the weekend, the LDC Conference overwhelmingly supported a motion calling for dental indemnity providers to work together effectively to ensure proper support for current and former practice owners subject to vicarious liability claims.
Representing Mid Mersey LDC, Dr Mark Woodger said on the growing problem of patients pursuing practice owners “As LDC’s we recognise vicarious liability is becoming an increasing issue despite all the dentist involved in the care of a patient and the practise owner having taken out indemnity in good faith.”
“This new approach can leave practitioners vulnerable to enormous personal costs. Indemnity has been historically offered to individual practitioners for treatment they have provided, so a patient who suffers harm can recover any money they might be entitled to through compensation if a claim is made against the treating dentist.”
Dr Woodger called for the indemnity organisations to support practice owners being pursued for vicarious liability, provided the practitioner had indemnity cover at the time.
The concerns of the LDC and dental practice owners in general, follows the recent Breakingbury v Croad case, reported by GDPUK, where a practice owner was deemed to be responsible for treatment carried out by associates at his practice, twenty years after he retired.
The DDU says this additional indemnity is being provided automatically at no additional cost for current members and will also be included for prospective members who join after 1st June 2021. The DDU is advising existing members that they do not need to take any action to receive the new aspect of membership.
“This new indemnity benefit applies to new claims notified after 1st June but can include claims arising from clinical treatment provided at any time in the past when a principal or corporate body was in benefit of DDU membership.”
John Makin, head of the DDU said “Many DDU members have been concerned following the outcome of a recent county court judgement in which it was found that the dental practice owner could be held vicariously liable for the clinical practice of an associate working at their practice.”
“At the DDU, we understand and share these concerns and as part of our commitment to support, guide and defend our members we are constantly looking to ensure our products and services meet members’ needs and keep pace with current developments. Consequently, we are delighted to be able to include indemnity for vicarious clinical negligence claims as a standard benefit of DDU membership.
“I should stress the need for all treating dentists to have their own indemnity in place – indeed it is a regulatory requirement that they do so. In almost all cases where a clinical negligence claim is pursued against a practice owner vicariously, we still expect the indemnity of the treating dentist to respond but this new ‘belt and braces’ indemnity for our dental principal and corporate members who employ or contract with other dentists will provide additional peace of mind.
“We will be writing to all of our principal dentists and corporate members with details of this important change in member benefits.”
You need to be logged in to leave comments.
Report