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Why do I need Company Protection?

As a separate legal entity, an incorporated company can be the subject of a clinical negligence claim or dentolegal complaint arising from the provision of dental services by employees.

Individual practice principal membership does not extend to include assistance for an incorporated dental practice, which requires its own protection.

With recent legal cases having included allegations of vicarious liability and non-delegable duty of care against dental practice owners, dental companies may now find themselves at greater risk of being the subject of a claim.

I'm a practice principal member - I thought this included protection for my company?

Your individual practice principal membership does not include protection for an incorporated practice.  As a separate legal entity, you will need protection to be in place that applies specifically for the company.

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.

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.

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.

Contact us to advise us of any changes to your practice details as soon as you are aware of them.

Why is there a limit to the amount of clinicians in my practice?

Company Protection was designed for smaller incorporated dental businesses who do not have complex needs.  If your Company is a larger business, we may be able to offer alternative products.

To find out more, please visit Medical malpractice insurance solutions for healthcare organisations

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’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.

Contact us to advise us of any changes to your practice details as soon as you are aware of them.
 

What happens when I sell my practice?

When you are no longer the owner of the legal entity then your Company Protection membership should be closed.  Please ensure you take independent legal advice on the transfer of any liability regarding any claims that arise after the sale of the business and this is included in your sale agreements.

What happens if I am retiring and the practice is wound up?

Once the limited company ceases to exist, claims cannot be pursued against the limited company unless it is restored to the register. On this basis we do not offer Extended Reporting Benefits after a company is dissolved.

In the event a patient named the company,  we would provide assistance to deflect the claim on the basis the entity does not exist.

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.

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.

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