Law Firm Confirms Practice Owner Fears
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- Published: Thursday, 13 May 2021 08:48
- Written by Chris Tapper
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Patients who feel they have been victims of negligent treatment will now be able to make claims against the practice, rather than the individual treating dentists, according to a leading dental litigation firm.
The news came after Dr John Croad, a retired former owner of a dental practice in Merthyr Tydfil was deemed to be vicariously liable for work carried out by associates at his practice in a hearing at Cardiff County Court.
The Dental Law Partnership (DLP) said on its website that the clarification of the law will enable patients to bring claims against practice owners instead of individual practitioners who may be “Uninsured, uncooperative, or simply uncontactable.”
The DLP said that practice owners previously could claim that associate dentists were independent self-employed contractors operating their own separate businesses.
The DLP said “The previous legal uncertainty came about because dental practice owners would argue that they are operating serviced surgeries to facilitate individual dentists to operate their own independent practices.”
“In other words a dental practice was not providing dental care services to its own patients but simply providing the premises, equipment and materials, nursing and administrative staff and infrastructure. The dentists who carried out the treatment were providing their labour only.”
“Patients were referred to the treating dentists by the practice and the dentists could not leave the practice and take patients with them. It was accepted that patients belonged to the practice and not the individual treating dentists.”
The law firm said that practice owners are paid directly by the NHS for their NHS dental contracts and therefore accept a responsibility to the NHS for the quality of the care provided.
Barrister and former dentist Dr Louisa Sherlock gave her consideration on the preliminary judgement, made by His Honour Judge Robert Harrison in the Breakingbury v Croad case.
Writing on the No 5 Barristers Chambers website Dr Sherlock wrote “If an associate is uninsured, or unable to be located, then a Claimant could seek to bring a claim against a principal dentist. Principals, or “Providers” should therefore ensure that they are covered by their indemnifiers for any potential vicarious liability claim, even after their retirement if they still own a dental practice, and also check that all associates are properly indemnified.”
The Dental Law Partnership acted for Mrs Breakingbury (named in the County Court case) in the claim against the [former] owner of Fountain Dental Centre, Dr Croad.
Managing Director of the DLP is Mr Chris Dean, a qualified dentist, non-practising barrister and a solicitor.
Mr Dean Said on the firm’s website “If it were not for vicarious liability and the non-delegable duty of care, there would have been no reasonable prospect of success in the claim for our client, nor of our client being awarded the funds to pay for corrective treatment.”
“Because of this ruling, Mrs Breakingbury, and all dental patients like her who have been the victims of dental negligence, will now have access to justice.”
The Insurance Times website said the recent court case “Will have major implications for insurance in the dental profession moving forward, as practice owners now need to be insured for vicarious liability claims.”
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