Q1. I am employed by my dentist in general dental practice. Surely then I do not need professional indemnity as any claims are likely to be made against the dentist, rather than me?
Strictly speaking this is correct as any employee has protection against claims in negligence under what is known as your employer's vicarious liability. This however is not the whole story. As a clinical dental technician you will be seeing and treating patients in your own right and therefore Dental Protection would recommended that you have your own separate professional indemnity, simply for peace of mind. Hygienists and therapists already work in a similar way in practice and they generally have their own indemnity. Similarly your employers vicarious liability provides no protection against a complaint that might be made to the GDC, or allows you any access to independent advice should the need arise (see Q3). Professional indemnity for clinical dental technicians can be obtained through Dental Protection at a very reasonable and competitive cost. Top
Q2. If I am working for a dentist who is also a member of Dental Protection and a claim is made against us both, surely your first priority would be to look after the dentist, not me?
This is simply not the case. Over 70% of the UK dental profession already belong to Dental Protection so it is not unusual for us to have two or more members involved in the same case. In some countries in the world 90% or more of dental professionals are our members. If we (or the members involved) believe that there is an actual potential conflict of interest, we simply arrange for entirely separate representation for each member. This gives each individual member separate access to dento-legal advisers and, where necessary, separate firms of solicitors and separate barristers. In one complex case a few years ago we had eleven members involved, each of which had entirely separate representation. Each of the members concerned was entirely satisfied that their interests were never compromised at any stage. Top
Q3. What if I am self employed and not actually employed by the dentist with whom I am working? Am I indemnified by his indemnity provider if I do something that results in a negligence claim?
No it is highly unlikely that this would be the case and you need to look at obtaining your own indemnity. The GDC guidance contained in "Standards for Dental Professionals" (paragraph 1.6) gives advice to dental registrants on this subject and says:
‘Make sure patients are able to claim any compensation they may be entitled to by making sure you are protected against claims at all times...'
A full range of professional indemnity for clinical dental technicians can be obtained through Dental Protection at a very reasonable and competitive cost. Top
Q4. I am an NHS employee in a community or hospital clinic. They employ me and I do not work anywhere else. By boss or line manager tells me I am insured through Crown Indemnity, just like he is, and therefore I do not need to have my own professional indemnity. Is he correct?
Firstly you need to understand that Crown Indemnity or NHS Indemnity is not insurance. It is a discretionary indemnity that exists primarily to protect the Trust itself, not the individuals working within. There is a widespread assumption that the individuals are "covered" automatically, but this is not necessarily the case. For a clinical dental technician who is following the agreed internal procedures of the Trust, it is highly unlikely that the individual would be left to meet the cost of a negligence claim against the Trust arising from the clinical dental technician‘s acts and omissions. The Trust, like any other employer, does have a legal right to seek "contribution and indemnity" from the employee personally if the employee has not followed agreed procedures or has acted in a particularly reckless or irresponsible fashion against the employer's interests.
Having your own professional indemnity gives you the peace of mind of knowing that you have the right to seek help, advice and financial indemnity against any costs or damages involved. What is more, once you are registered a patient (or your employer or even a former employer with whom you are in dispute) could make a claim against you to the GDC. NHS / Crown Indemnity gives you no protection or support at all in this situation. Having your own membership of Dental Protection means that you have access to personal advice, guidance and support (including a 24 hour emergency helpline of experienced dento-legal advisers) and the cost of representation by specialist solicitors and barristers (where necessary) can be met on your behalf. Top
Q5. What is the difference between occurrence-based indemnity and a claims-made insurance policy? Does it amount to the same thing?
No it doesn't. Occurrence-based indemnity is based on the date of the incident that gives rise to a complaint, claim or other process. If you are member of a professional indemnity organisation such as Dental Protection, and you are paying the right subscription in an appropriate category on the day of the incident, then you are entitled to seek assistance and indemnity at any time in the future, no matter how many years pass between the incident and when a claim or complaint arises from it. You may have left dentistry, left the country or stopped being a member in the intervening period - it doesn't matter. Your right to seek assistance with problems arising from incidents in previous periods of membership stays "alive" through career breaks, maternity absences and other similar situations - you only need to pay a subscription for periods when you are actually working or involved in dentistry. Occurrence-based indemnity is recognised as the gold standard for all healthcare professionals, but it is particularly well suited to the needs of orthodontic dental therapists.
A claims-made policy must be in force, both when the original incident occurs, and when the subsequent claim is made. Because it is an insurance policy, it will also have a list of terms, conditions and exclusion clauses which situations where no cover will be available, even though you had paid a premium at the relevant time. You should read the small print very carefully and take legal advice on it if necessary. The policy may have ceased to be in force by the time the claim is made (you may have decided to stop paying the premium, or it may have been a "block policy" dependent on you remaining a member of a particular organisation. If you ever cease to be a member of that organisation you may lose your right to indemnity for any claims that materialise after that, but relating to incidents that occurred while you were covered by the policy).
You may well discover that the policy excludes a variety of criminal acts in relation taking x-rays, health and safety, infection control, data protection, discrimination or involvement in inappropriate claims (NHS), even if you are not personally the beneficiary. Top
Q6. Most of the dentists I know are members of Dental Protection and I have seen some of the publications they receive. Would I be entitled to receive these (or any other) publications from you if I were to become a member?
Yes. Many of our publications are sent to each and every one of our 49,500 members or more in 70 countries around the world. In addition to this, we also publish over 15 more targeted publications for different groups of members such as those in the salaried services, hygienist and therapists, students, young dentists, etc. Clinical dental technicians will become another such group in 2007, with their own dedicated risk management publication from us. Meanwhile clinical dental technicians who become members can access all our online publications via our website, and enjoy the substantial member discounts on offer, as well as being invited to attend our seminars at a heavily reduced member price. Top
Q7. I work some of the time in practice as a clinical dental technician and the remainder as a dental technician. Do I need to take out indemnity twice?
No. Your membership of Dental Protection as a clinical dental technician also provides indemnity for any acts or omissions as a dental technician. Top