We have seen a marked increase in claims arising from patient complaints relating to substandard treatment delivered by dentists working within a practice. For dental practice owners, this can create significant legal and operational uncertainty particularly around the question of who holds liability when such claims arise.
Who is Liable: The Associate or the Practice Owner?
When a complaint is made against a treating dentist, one of the first and most pressing questions from the practice owner is often:
“Am I liable for the actions of my associate?”
The answer depends on a number of legal and practical considerations, most notably, the degree of control or oversight the practice owner exercises over the associate.
Two legal principles are often engaged in these scenarios:
- Vicarious liability – where a party (such as the practice owner) may be held responsible for the actions of another (such as an associate), even if they were not directly involved.
- Non-delegable duty of care – where a practice may be held liable for harm caused by someone to whom they delegated a duty, even if they took care in selecting that person.
These are complex areas of law, and their application often turns on the specific facts of the case and the contractual arrangements in place.
The Importance of a Well-Drafted Agreement
The importance of having a well-drafted agreement in place cannot be overstated. For dental practices, clear and comprehensive agreements along with robust internal policies are essential tools for managing risk and defining responsibilities.
These documents should clearly set out the associate’s obligations in relation to patient care, establish procedures for handling complaints, define the scope of the associate’s clinical autonomy, and specify indemnity and insurance requirements. Having these terms properly documented not only promotes clarity and consistency within the practice but can also play a key role in limiting the practice owner’s liability in the event of a claim. In many cases, such proactive measures can help prevent costly disputes before they arise.
Insurance Considerations: Are You Adequately Covered?
While the General Dental Council (GDC) requires all associates to have indemnity insurance, practice owners should not take this as a given.
It is essential that principals:
- Obtain and verify indemnity cover from associates at the outset of their engagement
- Review and update those details on a yearly basis
- Ensure that the practice itself holds appropriate business and liability insurance that reflects the realities of modern dental practice
How We Can Help
As specialist solicitors working with dental professionals, we assist practice owners by:
- Reviewing and drafting associate agreements that stand up to scrutiny
- Advising on complaint-handling policies and risk management
- Supporting clients facing patient claims or GDC proceedings
- Providing guidance on vicarious liability and non-delegable duty risks
- Liaising with insurers to ensure comprehensive cover is in place
If you are dealing with a complaint, reviewing your current policies, or simply want to ensure your practice is protected from a legal standpoint, we’re here to help.
For more information or for expert advice on business or personal legal issues, contact us by email at info@carterbond.co.uk or call us on 020 3475 6751.
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