Dentistry is unpredictable and unlike some insurance providers, our occurrence-based indemnity allows you to seek assistance with allegations of clinical negligence that arise in relation to the time you were in membership.
This case study shows how the choice between occurrence-based indemnity and claims-made insurance can have a real impact when a claim is brought. It highlights why understanding how your protection works is so important, helping to avoid unexpected gaps and ensuring you have the right support when you need it most.
Case Study
Dr F, a retired general dental practitioner with a special interest in orthodontics, provided treatment to Patient C over a period of several years. During the earlier stages of treatment, Dr F was a member of Dental Protection.
In December 2022, Dr F changed provider and moved to a commercial insurance company before retiring in 2024. The policy offered by the insurance company operated on a claims-made basis and did not include run-off cover.
In 2025 Patient C made a claim for compensation, alleging negligent orthodontic treatment. The allegations related to care provided both before December 2022, when Dr F was in membership with Dental Protection, and after Dr F had switched to the claims made policy offered by the commercial insurance provider.
Dr F was entitled to assistance from Dental Protection, in relation to the part of the claim which related to treatment provided to the patient when Dr F was in membership with Dental Protection. This type of protection is known as “occurrence-based” and it means that you can request assistance from Dental Protection with claims that arise during the period of membership, even if they are made at a later date, including on retirement.
The commercial insurer, on the other hand, refused to cover part of the claim because the policy was “claims-made” limiting support to claims made against the member and notified to the insurer during the period of insurance, in this case from December 2022 to Dr F’s retirement in 2024. This type of protection left Dr F with personal financial exposure in relation to that part of the claim.
Dental Protection supported Dr F by providing assistance for the period of treatment covered during his membership with Dental Protection, and worked closely with specialist dentolegal solicitors to manage the claim on behalf of Dr F. Dental Protection’s involvement ensured the case was handled professionally and robustly.
The claimant’s initial settlement demand of £9,000 was successfully negotiated down by Dental Protection and the matter resolved for £6,000. Although Dr F was required to make a personal contribution towards the portion of the claim that he was personally liable for because of the “claims-made” policy, Dental Protection was able to significantly reduce the overall financial and emotional impact on Dr F.
Summary
This case illustrates how decisions about indemnity arrangements can have consequences long after treatment has finished. Dr F changed provider for practical reasons, without realising how differently claims can be handled depending on the type of protection or policy in place.
The claim did not arise immediately and only became apparent after orthodontic treatment had concluded and the dentist had retired. In that situation, the reassurance of occurrence-based indemnity proved invaluable, providing continuity of support for treatment carried out during membership and access to experienced dentolegal assistance at a stressful time.
The case also highlights how insurance-based, claims-made policies can require additional safeguards, such as run-off cover, to avoid unexpected gaps in protection. Without a clear understanding of how these arrangements work, dentists may find themselves facing personal uncertainty and financial liability at precisely the moment they need support the most.
This case serves as a reminder that occurrence-based indemnity with Dental Protection provides you with the confidence that, wherever you are in your career, support will be there if concerns about past treatment arise.
Key Learning Points
- Negligence claims can arise long after treatment has finished.
- Claims-made policies typically only cover claims that are made and reported during the period of insurance.
- Claims-made policies require expensive run off arrangements when the policy ends.
- Occurrence-based indemnity allows you to request assistance for incidents that arise at any time during your membership irrespective of when assistance is needed. This could be years after the event.
- Occurrence-based indemnity provides long term certainty including on retirement.
To find out more about the difference between claims made and occurrence-based protection,
watch this short video.