Legally Bound - Professional Indemnity in Dental Implantology

29 July 2024

In the UK, 72% of businesses have reported an increase in cases brought against their companies in the last five years, with 60% anticipating a further rise over the next year.[i] Dentists think the same: 98% of dental professionals believe that society is becoming more litigious.[ii]

Spurred on by the cost-of-living crisis, economic instability and a more disagreeable culture, the growing threat of litigation is a worry for dentists. To combat this, having reliable indemnity can safeguard practitioners against the financial fallout of dental malpractice claims or General Dental Council (GDC) investigations.

 

Indemnity types

It is important that patients are able to obtain compensation if something goes wrong in their dental appointment. It is therefore a legal requirement that the appropriate indemnity cover is in place for all practising dental professionals, allowing a successful patient claim to be compensated.[iii]

Patients may seek compensation for several reasons. A negligence claim may transpire if a patient feels their treatment was sub-standard. If a patient has a communication issue, such as feeling uninformed before a dental procedure, they may make a consent dispute. Improper diagnosis or delays can also cause a patient to seek compensation if an oral health issue is worsened because of such aspects.

There are differing types of dental indemnity cover.

Personal cover is an indemnity policy that is in your name, rather than that of an employer or NHS. This can be obtained through indemnity providers. Contractual indemnity will cover you for all claims made as specified within the contract, whereas with discretionary indemnity policies it is at the provider’s discretion as to whether they will defend on against a particular claim. Run-off cover is also recommended so that there is protection after an indemnity policy has expired.

The other type of dental indemnity is for staff directly employed by the NHS, with cover included with the clinical negligence scheme. However, any dental work performed privately is not covered by this policy. It is up to you to guarantee that you are appropriately covered by the NHS indemnity across all the tasks that you do and the locations and hours that you work. It should never be assumed that you are correctly covered. NHS indemnity also does not cover fitness to practise investigations, meaning that personal insurance may still need to be taken.

 

The mental strain of litigation

Burnout is well-cited in dentistry for its impact on daily work, but the threat of litigation also affects how the dental team perform. 89% of practitioners fear legal action by patients. In a litigious society, this fear may be constant.[iv] This fear correlates with the 74% of practitioners who believe that the risk of being sued changes how they practise, leading to many more referrals.^iv

In turn, this legal fear may undermine job satisfaction and impact mental health and performance. The risk of making a mistake and having dissatisfied patients are two of the most prominent stressors effecting a dentist’s work.[v]

This may be avoided by having greater legal protection. Having indemnity may boost self-confidence in handling treatments, as there will be a stable, legal groundwork that safeguards your treatments and your finance.

 

Indemnity and implants

Implant treatment has many inherent risks and complexities, such as peri-implantitis, nerve damage, and sinus issues if working in the maxilla.[vi] Failure of the treatment is the most common reason cited for successful claims, accounting for over a third of cases.[vii] Due to these risks, professionals providing implant procedures must have indemnity to cover themselves.[viii]

To have the best protection in any circumstances, it is vital that you have comprehensive clinical notes for all treatments, as it gives your indemnity company as much detail to protect you as they need.

For the legal support of implant dentists, the Association of Dental Implantology (ADI) offers members a 15% discount in indemnity insurance with Professional Dental Indemnity (PDI). This covers legal expenses and compensation payments in the wake of adverse outcomes or malpractice claims, safeguarding your reputation and finances. With ADI membership, dentists can have peace of mind, allowing them to focus and deliver exceptional implant treatment whilst being protected.

Indemnity is a necessary component for great dentistry. By shielding your work with the best indemnity providers, you can mitigate the financial impact of litigation and feel more in control of your work.

 

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