When patients choose a dental practice, they rarely make their decision based on the individual dentist or care professional. More often, it is the practice’s reputation, local presence, marketing efforts, and recommendations from family and friends that sway their choice.
This means that if an associate is accused of negligence, patients or their legal representatives are more likely to seek compensation from the practice itself. This underscores why the practice owner is often considered the responsible party.
The legal landscape
Vicarious liability is a well-established legal principle that holds employers, including dental practice owners, accountable for the actions of their employees, associates, and contractors. Legally, the practice, not the individual associate, is seen as the responsible party. This has been reaffirmed in several high-profile legal cases, where courts have ruled that patients’ relationships are with the practice, not the individual care providers. In other words, principal dentists are liable for any errors or negligence, regardless of which associate was responsible for the treatment.
From a regulatory standpoint, the General Dental Council (GDC) places the responsibility of ensuring safety and care standards squarely on the shoulders of practice owners. The GDC expects practice owners to have systems in place to monitor clinical standards, verify that associates are competent, and ensure that patient care meets the highest ethical and clinical expectations. While associates are held accountable for their own clinical work, the practice is held accountable for the environment in which that work is performed. In light of these factors, the relationship between the patient, the practice, and the associate is crucial to understanding vicarious liability.It may be wise to seek professional legal advice from a legal specialist who is familiar with the dental business model, as navigating the complexities of liability can be difficult.
Protecting your practice
When it comes to insurance, most practices will find that the individual indemnity coverage for both the principal and associate is sufficient to cover negligence claims. However, given the rise in legal challenges, securing entity-level cover may offer an additional layer of protection, especially when it comes to vicarious liability. This type of cover means that principal dentists won’t have to worry about whether their associates’ insurance policies are up to date, adequate, or if the associate is unreachable after leaving the practice. Entity-level coverage also has several advantages, such as cost savings, a simplified claims process, and enhanced protection for both the practice and its reputation.
Combined insurance policies, which cover all treatment and care provided by any member of the practice, can be more cost-effective than multiple individual policies. These policies not only reduce overall costs for both principal dentists and associates but also streamline the claims process by eliminating the need to identify a single responsible party. Furthermore, they can bolster the practice’s reputation by providing clear and unified cover for all involved. However, it’s important to note that every dental practice is unique, and what works for one practice may not suit another.
Speak to a specialist
As the debate continues around who is liable for treatment carried out by associates within a practice, the legal, regulatory, and insurance considerations highlight the complexities involved. For dental practice owners, understanding the full scope of their responsibilities and options—whether through individual or entity-level insurance policies—is essential. Consulting with a specialist broker who understands the nuances and risks of dental businesses could be the right move.
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