Discretionary indemnity means that professional support is provided based on expert judgment rather than being limited by a fixed insurance contract. This allows dental defence organisations to respond flexibly to new, emerging, or unusual situations that may not be covered by traditional insurance policies.
Below, we answer the most common questions dentists ask about discretionary indemnity and address some of the myths that often surround it.
Why do we use discretionary indemnity to support dentists?
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 dentistry (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.
The dental industry 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 world of dentistry and the specific challenges you face
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 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.
Ultimately, discretionary indemnity is designed with one purpose in mind: to support members fairly, flexibly, and based on the individual circumstances of each case. It allows us to respond to the realities of modern dentistry and in a way that rigid contracts wouldn’t be able to.
Key takeaways
- Discretionary indemnity provides judgment‑based, flexible professional support
- It is designed for the evolving risks and complexities of dentistry
- Assistance decisions are made by experienced dental and legal professionals
- Cost or claim size alone is not a reason to refuse support
- Members are supported fairly and consistently in the vast majority of cases
If you have further questions about discretionary indemnity and what it means for you, please get in touch, expert advice is available to help you understand your professional protection with confidence.