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What difference does it make if the claim is made against the practitioner or the company? Aren’t they the same thing?

Individual membership accounts for the member’s clinical and professional risk they are liable for as an individual practitioner.

In forming a limited company, an entirely new and separate entity is created.  This entity has its own liabilities that are not included in individual liability.

Dental Protection’s product ‘Company Protection’ protects the corporate entity for claims brought alleging VL and NDDC for treatment provided by employed or contracted staff.  Dental Protection would always attempt to deflect claims onto the treating clinician in the first instance.

I’m a practice principal with a limited company and don’t directly employ any staff. However, I do contract dentists and hygienists. Do I need to purchase additional protection?

If you contract dentists or hygienists, then you could still be found to be liable for their actions. Comprehensive indemnity arrangements – such as Company Protection – are designed to protect the company against claims including those of alleged vicarious liability or non-delegable duty of care.

Do I need to be a Dental Protection member to buy Company Protection?

If at least one of the directors of the limited practice is a Dental Protection Practice Principal, they can apply for indemnity on behalf of the entity. A corporate officer (usually a director but could be an agreed nominated representative can complete the application on behalf of the organisation).

I was previously a director/owner of a limited company but have now sold the business. I am a Dental Protection member. Do I need to purchase individual protection retrospectively, for the period I was a director/owner of my previous company?

It is important to note that protection for the limited company protects just the entity. It does not provide protection for individual clinicians.

While you were a company director, you would have been considered an employee of that company; and you would have ceased to be an employee when you ceased being a director (if not otherwise employed, for example as a practising dentist).

Should legal challenge then be made against the company, the new director(s) would be expected to inform the business’s indemnifier, and if appropriate the claim will be deflected on to the treating clinician.

If you still feel you have liability for the historic risk due the business agreement and transfer of ownership, then you should contact us; however, it would be advisable for you to check with your solicitor before doing so. It is unlikely that MPS would be able to provide protection for risks arising from the transfer of the business. 

As a Practice Principal, if I have two practices that are run as partnerships and then I'm also director/shareholder of one additional limited company would all three be included under individual membership?

If you have three or fewer non-incorporated practices as a practice principal, your individual membership will include the right to request assistance for cases and claims of alleged vicarious liability and non-delegable duty of care.   

If the same practice principal is a shareholder / director for additional limited companies these would be treated separately under different entity memberships. 

In this example the two non-incorporated companies would be included under the Practice Principal membership and Company Protection would be required if you wanted protection for the limited company.

I’ve purchased Company Protection but the details I submitted on my application have since changed. Do you need to know?

Yes, you should tell Dental Protection about any changes to ensure you have appropriate protection in place.

For example, we should know if there is an increase in the number of dentists working for the company, there are new procedures offered by the practice or a change to the number of practices you own.

Please email [email protected] to advise us of any changes to your practice details as soon as you are aware of them.

We have purchased Company Protection and we are planning on expanding. Do you need to know?

Yes, you should tell Dental Protection about any changes including turnover, number of employees or scope of practice.  If these changes are planned, we can work with you to ensure that you have the appropriate protection in place when they are implemented.

Please email [email protected] to advise us of any changes to your practice details as soon as you are aware of them.

Our limited company hasn’t had any corporate indemnity before – what about historic cases and claims?

When applying for Company Protection you can also apply for retroactive reporting benefits of up to ten years for your company.  If you would like to discuss a longer timeframe please contact us on [email protected] or telephone 0800 046 9470.
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