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As joint owners and directors of Smile Magic Dental Clinic Ltd, Dr Jones and I (Dr Smith) have always been committed to delivering the best care across our four dental practices. Over the years, we’ve built a strong reputation, thanks to our dedicated team of associate dentists, DCPs, dental nurses, and admin staff.
However, we never imagined a scenario where our practice could be pulled into a clinical negligence claim – especially one that didn’t directly involve either of us as the treating dentists.
When we first received the Letter of Claim from the solicitor, it was hard to process. The claim was being brought against Smile Magic Dental Clinic Ltd as a Non-Delegable Duty of Care (NDDC) claim, alleging that two of our associate dentists had failed to diagnose and treat a patient’s periodontal disease over an eight-year period.
The case itself was serious. The Letter of Claim alleged that as a direct result of treatment provided at our clinic, the patient had avoidably lost four teeth, with the potential loss of six more within five years. Extensive remedial treatments, including an implant-retained bridgework, were being claimed for.
What shocked us the most, was that, despite the treating dentists being identified and having their own indemnity, the claim was brought against our practice under NDDC. Neither Dr Jones nor I, as the directors of Smile Magic Dental Clinic Ltd, had ever personally treated the patient.
This type of claim was something we didn’t even know was possible until fairly recently, and we never thought it would happen to us. What was more shocking was the realisation that as the directors of Smile Magic Dental Clinic Ltd, we could have been responsible for instructing and paying for our own legal defence. If the case succeeded, we could be personally liable for the patient’s legal costs, any damages, and the cost of remedial treatments – potentially exceeding £90,000. Worryingly, we are aware that this situation could potentially arise again in the future.
At first, the whole situation felt incredibly daunting. The potential financial impact could have put significant strain on our practice and business. Fortunately, we had taken the proactive step years earlier to sign up for Company Protection through Dental Protection. This membership is specifically designed to protect practice owners like us from cases involving vicarious liability and NDDC claims. Thanks to this protection, it meant that we were able to seek support for the claim brought against our business.
The legal costs, remedial treatment expenses, and any damages were covered, relieving us of what could have been a concerning financial setback.
This experience has been a serious wake-up call about how important it is to take the right steps to protect your business. We’re so relieved that we had the right protection in place, allowing us to focus on running our practice and supporting our team, rather than worrying about the financial fallout from this claim and the potential impact it could have had on our company.
This case is based on a real scenario, with some names and facts altered to preserve confidentiality.
Visit our vicarious liability hub for more information
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