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When I opened Bright Smiles Dental Clinic 11 years ago, it was a dream come true. It’s always been important to me to run a practice that provides high quality care and puts patients first. I’m the only principal here, and I also own another non-incorporated practice. I’ve been a Dental Protection member since I graduated 15 years ago, as I know how daunting the risks we face in the dental industry can be, and how important it is to be supported.
One day, everything changed in a heartbeat. I received a Letter of Claim from solicitors, and it completely took me by surprise. The claim alleged a failure to diagnose and treat caries in three teeth – UR4, UL6, and LR3 – over a period of seven years. The claim stated that because of this failure, the patient had experienced pain and infection, and had to undergo unnecessary treatments, including root canal treatment (RCT) and tooth extraction. They were also claiming that the patient now needed an implant-retained crown to replace a tooth that had needed to be extracted (UR4), and that the LR3 and UL6 would eventually need replacing in around 20 years, along with the implant-retained crown.
I think what hit me hardest when I read the letter, was that despite the Claimant being treated by four different dentists over those seven years – none of which were me – the claim was being brought against the practice under vicarious liability. I couldn’t understand why this was happening, and why I, as the practice owner, was being sued when I hadn’t even treated the patient. I’d thought that as all the treating clinicians had been identified and all had their own individual indemnity, the claim would simply have been brought against them – I didn’t realise I could be vicariously liable as a practice owner. It was a very stressful, worrying, and confusing situation and at times I felt overwhelmed.
Of the four treating clinicians, two of the dentists were still working with me at the practice, one had left 18 months previously but remained in touch intermittently, and the other had moved abroad and I had not heard from them in several years.
I don’t think I ever realised how complicated the legal side of a claim could be. I’d heard about vicarious liability before in dental claims, but never really thought it would affect me. Could I really be held liable for the actions of associate dentists that had worked or still worked for me?
Even though I wasn’t directly involved in the Claimant’s treatment, I was now facing the possibility of being held accountable for their wrongdoing, simply because I was the owner of the practice. It was a lot to process, and it felt unfair and overwhelming, and at times really isolating, as I didn’t know where to start.
I can’t even begin to explain the relief I felt when Dental Protection stepped in. Thankfully, as part of my membership, I was provided with assistance for vicarious liability and non-delegable duty of care claims. Without that protection, I would have had to find my own legal representation at my own expense, which is something I couldn’t afford. I didn’t fully understand the extent of the claim, but the team at Dental Protection connected me with a dentolegal consultant and a specialised claims manager, who guided me through the entire process, explaining every step, so I was aware of what was going to happen.
They were by my side and supported me through the hearings, discussing every possible outcome with me so I was never in the dark.
Following further investigation, it became clear that the treating clinicians had failed to diagnose and treat the caries in the teeth in question, leading to the need for extensive remedial treatment. This was a claim where a settlement was required, and the damages had to be paid.
It was bad enough that I had to face this daunting legal process, but when I was told that the potential costs, including damages and legal fees, could exceed £60,000, the reality of the case set in. If it hadn’t been for my dentolegal consultant and the support of Dental Protection I don’t know how I would have coped. It was terrifying to think I could have had to find that amount of money myself, as my business simply wouldn’t have been able to bear the financial strain of the claim – especially when this situation could happen again.Thanks to my Dental Protection membership, I wasn’t personally responsible for the legal costs, even though my practice was vicariously liable for the claim. The support I received during this challenging time was invaluable for my career and gave me peace of mind during a really difficult time.
This case is based on a real scenario, with some names and facts altered to preserve confidentiality.
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