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How far back does Dental Protection’s vicarious liability protection extend?

We can offer existing members who have / or have previously owned three or fewer un-incorporated practices retrospective protection for their time in membership, subject to the normal qualifying criteria and Practice Principal membership at the time of the incident.

I am a dental practice principal member. Am I protected against a vicarious liability claim relating to the actions of an associate who works in my practice?

As of 1 June 2021, Dental Protection membership benefits are extended to include additional protection for practice principals with three or fewer unincorporated practices where they are the subject of claims alleging vicarious liability for the actions of associates and other contracted dental care professionals (DCPs) and/or a non-delegable duty of care for patients attending the practice

This extension is automatic and at no additional charge. You do not need to do anything to activate this.

If you own, or have owned, four or more practices, you will need to contact Dental Protection to request this additional protection which may incur a supplementary charge.

We will continue to challenge cases that are pursued against practice principals alleging vicarious liability and/or a non-delegable duty of care and, in the first instance, will look to redirect the claim to the treating clinicians. The additional protection in place from 1 June 2021 extends to include assistance in the event it is not possible to redirect the claims and the principal is held vicariously liable for the actions of the associates or other contracted healthcare professionals.

This assistance extends to include the cost of defending claims, as well as paying damages where the practice principal is found liable and where these cannot be recovered from the treating associate clinicians.

Will my subscription increase because of this?

For practice principals with three or fewer practices, the additional layer of protection is being provided automatically at no additional charge.

If you own, or have owned, four or more un-incorporated practices, we can offer this additional protection which may incur a supplementary charge. Please complete the form HERE to apply for the additional protection.

If your practice(s) is incorporated, you can choose to apply to Company Protection, which provides protection for claims made against your company/corporate entity. Click here to find out more about Company Protection.

What are the eligibility requirements?

The additional protection will be added automatically and at no additional charge for existing and future practice principal members who own, or have previously owned, three or fewer practices. Practice principal members must:

  • ensure all dentists and DCPs working in their practice are registered with the GDC and have appropriate indemnity cover in place.
  • ensure that contracts with DCPs and dentists include the requirement for them to hold appropriate indemnity arrangements and indemnify the principal for any losses arising out of breach of clinical care.
  • make and retain a record of the indemnity arrangements of all contracted dentists and DCPs who work or have worked in their practice.
  • take all reasonable steps to ensure that all dentists and DCPs have appropriate indemnity arrangements in place throughout the time they work for the practice(s) and provide Dental Protection with any evidence to support this if requested.
  • ensure they retain contact details for dentists and DCPs who leave the practice and co-operate fully in tracing the treating clinician.
  • ensure that the associate or DCP works within the remit of their contract / agreement with the practice for Dental Protection to assist.

Does my associate or contracted DCP need to be a Dental Protection member, too?

Your associates and other contracted DCPs do not need to be members of Dental Protection for you to be eligible.

You must ensure they have adequate indemnity provision in place, and Dental Protection membership satisfies this requirement.

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