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What does discretionary indemnity mean for you?

Jul 25, 2023, 11:57 AM
We answer your common queries and bust some myths surrounding discretionary indemnity.
We answer your common queries and bust some myths surrounding discretionary indemnity.
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We answer your common queries and bust some myths surrounding discretionary indemnity.

The indemnity we offer to individual dentists is based on the principle of discretion. This means that we have the flexibility to provide assistance when new issues arise in healthcare (which may not have been known when an insurance policy is taken out). With experienced dentolegal consultants and specialist solicitors at the core of our team, we can use our judgment and insight to help members.

With more choice in professional protection than ever before, you need an organisation that goes further than anyone else to protect you and your interests, and we understand that you might have questions about your indemnity. Here, we answer some of the most common queries on what discretion means in practice.

 

Why is the flexibility of discretionary indemnity so important?

Clinical negligence is a specialist area of expertise and is very different to areas covered by traditional forms of insurance, such as car or household cover. It can be – and often is – several years between an incident taking place and the resulting claim emerging.

Dentistry is continually changing and is rarely straightforward; new challenges and issues constantly arise, some of which were inconceivable just a few years ago. Discretion means we can offer help in unusual circumstances or where a new problem appears. It's why we use people, not contracts, to make these decisions.

Our claims management team are based in-house and work for you, which means that you benefit from the expertise and combined wisdom of your peers: dentists and legal experts who know the healthcare system and your specific challenges.

We’re different in that we treat every case on its individual merit and, because we are a discretionary organisation, our starting point is always 'how can we help?'

 

Why should I pay for membership when there's no formal guarantee of assistance?

Our discretionary approach to providing assistance isn't about being able to say no, it's about having the flexibility to look at how we can help.

We opened nearly 300 new cases in Singapore in 2022, including claims, complaints and regulatory matters. We help thousands of members every year with problems that arise from their professional practice and provide assistance with the vast majority of the cases. Only in very exceptional circumstances would we decline – for example, if a member was not in membership when the adverse incident occurred or had deliberately underpaid their subscription.

This is no different from an insurance company declining to assist in such circumstances.

Being discretionary doesn't mean there are no rules. We cannot, and would not, decline to assist you just because we felt like it – you have the Memorandum and Articles of Association as your agreement with us.

 

If I'm sued for a large sum, I've heard Dental Protection could turn their backs on me and refuse to help, as there's no written agreement to do so – is that right?

No – this is simply not true. We take our responsibilities to members extremely seriously and have never used discretion capriciously. We have never declined to assist a member purely because of cost implications. In fact, there are no limits on the assistance we provide. We can offer the right level of assistance for a member’s specific need, with as much help as their case merits.

If you have any further questions about discretion and what it means for you, please contact us.

 

 

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© 2010-2024 The Medical Protection Society Limited

DPL Australia Pty Ltd (“DPLA”) is registered in Australia with ABN 24 092 695 933. DPLA is part of the Medical Protection Society Limited (“MPS”) group of companies. MPS is registered in England (No. 00036142) with its registered office at Level 19, The Shard, 32 London Bridge Street, London, SE1 9SG. All the benefits of MPS membership are discretionary, as set out in the Memorandum and Articles of Association.

“Dental Protection member” in Australia means a non-indemnity dental member of MPS. Dental Protection members may hold membership independently or in conjunction with membership of the Australian Dental Association (W.A. Branch) Inc. (“ADAWA”).

Dental Protection members who hold membership independently need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDA National Insurance Pty Ltd (“MDA”), ABN 56 058 271 417, AFS

Licence No. 238073. DPLA is a Corporate Authorised Representative of MDA with CAR No. 326134. For such Dental Protection members, by agreement with MDA, DPLA provides point-of-contact member services, case management and colleague-to-colleague support.

Dental Protection members who are also ADAWA members need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDA, which is available in accordance with the provisions of ADAWA membership.

None of ADAWA, DPLA and MPS are insurance companies. Dental Protection® is a registered trademark of MPS.

Before making a decision to buy or hold any products issued by MDANI, please consider your personal circumstances and the Important Information, Policy Wording and any supplementary documentation available by contacting DPLA on 1800 444 542 or via email.

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