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When we set up Acacia Avenue Dental Practice under Fantastic Smiles Ltd, we aimed to create a high-quality dental service. There are three of us as directors: Dr Davies (myself), Dr Bass, and Dr Thomas – all committed to providing the best care to our patients. With nine associate dentists across our three practices, we had a growing and thriving business. We were all Dental Protection members, and felt well prepared for the challenges that came with managing a practice.
One day, we received a Letter of Claim that took us by surprise. It concerned a previous long-standing patient of the practice who had never expressed any dissatisfaction with the treatment they had received. The allegations related to a failure to diagnose and treat caries in five teeth, provision of unsatisfactory root canal treatment (RCT) in three teeth, and inadequate management of infective pathology over an eight-year period. The patient’s solicitor stated that because of the treatment received at our practice, the claimant had lost four teeth, required a re-RCT, and had been admitted to hospital as an emergency for IV antibiotics and surgery to treat a large submandibular abscess. The Claimant was hospitalised for a few days and had to take two weeks off work to recover.
It was then alleged that the remedial treatment would involve four implant-retained crowns, bone grafting, bilateral sinus lifts, multiple larger restorations, and future implant replacement of one re-root treated tooth in ten years. The Claimant was a company executive, so the claim also included loss of earnings.
The treatment in question had been provided by five clinicians over the eight years. Three associates were still working at our practice, and two had left, but we did have their contact details. Each clinician had their own indemnity, but despite knowing the treating dentists and the fact they were indemnified, the Claimant’s solicitors still pursued the claim against our company, Fantastic Smiles Ltd, under vicarious liability.
Although we’d heard talks of vicarious liability claims in the dental community, we never anticipated that a claim would be brought against our company. Despite knowing the clinicians involved, the solicitors refused to redirect the claim, and held us, as the directors, responsible. The claim succeeded and required settlement.
Unfortunately, we had not put any protection in place for claims against our limited company, and we were left with no choice but to instruct our own legal team at a significant personal expense.
As we didn’t have protection for our company, we had to pay for:
In total, this amounted to over £85,000. Not having indemnity for Fantastic Smiles Ltd left us personally responsible for a huge financial burden – something we didn’t even know was possible when we started the practice. If we had taken the step to ensure our company was protected for vicariously liability and non-delegable duty of care, we could have turned to Dental Protection for their support. They would have been able to instruct a legal team on our behalf and cover any costs if a settlement was required.
This case is based on a real scenario, with some names and facts altered to preserve confidentiality.
An incorporated company is a legal entity that can be subject to a claim for clinical negligence. By default, this means that the directors of the company can be held liable for claims or complaints related to the provision of any dental services. Individual practice principal indemnity membership does not cover an incorporated business for claims brought through vicarious liability or non-delegable duty of care.
For more information on the separate indemnity cover required for claims like this, visit our Company Protection webpage or contact our Membership Team on 0800 561 9000.
Visit our vicarious liability hub for more information
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