Q1. I am employed by the university / dental school. We are covered by Crown Indemnity – why do I therefore need my own indemnity?
Firstly, you need to understand that Crown Indemnity and NHS Indemnity is not insurance. It is discretionary indemnity, which exists primarily to protect the Trust itself, not the individuals working within it. There is a widespread assumption that the individuals are ‘covered' automatically, but this is not necessarily the case. In the case of a university teach or member of dental school staff, who is following the agreed internal procedures of the Trust, it is highly unlikely that that staff member would be left to meet the cost of a negligence claim against the Trust, arising from the any acts and omissions on their part. But 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 therefore gives you the peace of mind of knowing that you have the right to seek help, advice and financial indemnity against any costs and damages involved. What's more, as a registered dentist, a patient (or your employer, or even a former employer with whom you are in dispute) could make a complaint about you to the GDC. NHS/Crown indemnity gives you no protection or support at all in this situation, but having your own membership of a protection organisation means that you can have access to personal advice, guidance and support (including a 24 hour emergency helpline to experienced dento-legal advisers), and the costs of representation by specialist solicitors and barristers (where necessary) can be met on your behalf.
University and dental school staff rarely become involved in Inquests and Fatal Accident Inquiries, but it is possible, and again, NHS/Crown Indemnity doesn't provide any support or representation for individuals in these situations. Top
Q2. What’s the difference between occurrence-based indemnity, and a claims-made insurance policy? Doesn’t 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 a 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.
A claims-made insurance policy homwever, 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 specify situations when 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 upon you remaining a member of a particular organisation. If you ever cease to be a member of that organisation, you may lose to 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 to taking x-rays, health and safety, infection control, data protection, discrimination or involvement in inappropriate claims (NHS). Top
Q3. Most of the dentists I work with 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 59,000 or more members 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, hygienists and therapists, students, young dentists, etc. University and dental school staff are another such group and are entitled to receive publications relevant to them. Top
Q4. My line manager is also a member of Dental Protection. Whose interests would you take care of if an incident occurs that involves both of us?
If we believe there is an actual potential conflict of interest, we would arrange for separate representation of each member. This would give each member appropriate access to separate dento-legal advisers and, where necessary, separate firms of solicitors and separate barristers. In one complex case a few years ago, Dental Protection had 11 members involved, each of which had entirely separate representation. They were all satisfied that their interests were never compromised at any stage. Top
Q5. What happens if my employer has a corporate indemnity membership with Dental Protection? Surely your first priority would be to look after them and not me?
70% of the UK dentists already belong to Dental Protection and there are a growing number of corporate members, including outreach teaching schemes. As outlined in Q4, if we (or the members involved) believe there is a actual potential conflict of interests, then we simply arrange for separate representation of each member (or scheme) giving them access to separate dento-legal advisers, and (where necessary) separate firms of solicitors and separate barristers. Top