Recent figures from Dental Protection show that 25 years ago a dentist had a one in five chance of being sued by a patient, but that has now changed – alarmingly – to the new reality of being sued at least five times in a practising career. Is it us - or are we allowing the odds to be stacked against us?
At least 16 organisations now have the power to visit your practice to check up on all sorts of aspects of your practising life, and many of these 'regulators' seem to start with the premise that GDPs are always trying to get away with it, or do the minimum necessary. It is now strongly advised that you should no longer work five full days with patients, but instead spend more time writing notes, following up referrals and ensuring compliance.
So not only are we faced with closer inspection from the CQC, escalating costs, patients more ready to sue and increasing litigation, but we will have less income from doing treatments to pay for it all.
What is the besieged dentist to do? Do we install video cameras and sound recording throughout so that there is perfect recall? Do we employ 'super managers' to take on the burden of proof on all fronts? Do we sell up?
Five years ago the General Dental Council had significant draft proposals for a rigorous system of revalidation for all dentists, designed to make it more than clear how every dentist should go about their work and the standards to be achieved. These are now being looked at again by the GDC and pressing forward with their introduction could be a very practical step to further driving up standards, reducing the need for those endless inspections and circumvent many of the petty disputes that can often escalate to being sued and charges of serious misconduct.
The introduction of revalidation sends a clear message to everyone - both patients and regulators - that we are more than prepared to stand up and be counted when it comes to working to the highest professional standards. If patients have more confidence that we are working to those high standards and always trying to do the best for them, then it is reasonable to believe that we are less likely to be sued.
Much of the solution may lie in our own hands. As the Dental Complaints Service has found, most disputes can be nipped in the bud early if, instead of standing doggedly by your 'principles', you seek a compromise and make redress. The loss of a few hundred pounds does not compare with the agonising wait of at least six months for the Investigating Committee to hear your case and the huge loss of income should it go further down the discipline trail.
How about lengthening the odds against litigation by supporting the GDC for revalidation and showing the world that living to our professional standards really means something to dentists?