Following the Department of Health and Social Care White Paper on "Appropriate clinical negligence cover" the aim of MRSL Enterprise’s Professional Protection for Dentists is to give practice owners and dentists a true alternative to the Dental Defence Organisations.
We aim to be a one stop shop for not only purchasing insurance but also any advice and support needed to allow clients to manage their total cost of risk.
The product leads with the defence of the professional reputation and licence of dentists. We also work with HR specialists to cover HR issues and have access to a data protection lawyer to deal with that type of issue (we have already advised a surgical business client on a data breach issue which is now settled and closed). We have just been asked by a client to advise on dealing with an associate dentist who is not performing to standard. Behind all of this we arrange GDC compliant indemnity with financially strong, regulated insurers. The majority of the indemnity is placed in Lloyd’s.
Our product is making our clients defensible against complaints. This starts with access to a suite of consent forms and advice on a process of obtaining informed consent for all procedures. Informed consent is individual to each patient and goes beyond a standardised consent form.
We have assisted clients to move from a lifetime with a Dental Defence Organisation and understand the concerns that dentists have in making this transition. We provide a complete explanation of the process and issues.
The General Dental Council has always required dental professionals to have adequate indemnity. This was enacted into law in The Health Care and Associated Professions (Indemnity Arrangements) Order 2014. By law dentists (and doctors) need medical indemnity.
On 6th December 2018 the Department of Health and Social Care issued a White Paper entitled "Appropriate clinical negligence cover". This paper expresses the DHSC's desire to disallow discretionary mutual cover for clinical negligence. If this is implemented the cover provided by all of the MDOs would not meet the legal requirement.
All dentists must be covered by Medical Indemnity by law. As a company, there is a strong argument that a Dental Practice should buy indemnity, rather than the individual dentists. This would both be consistent with Professional Indemnity Insurance purchased by other professions and the Clinical Negligence Scheme for Trusts which covers NHS Trusts and associated entities. Insuring at the entity level tackles the growing issue of vicarious liability claims in medicine.
Dental indemnity claims tend not to be for large amounts, but can be frequent. An experienced dentist with no claims might pay between £2,000 and £3,500 for indemnity. Grouping all of the dentists together as a single dental practice tends to reduce the premium. This reduction is more substantial than a simple group buy type of discount. If the insurance is structured well there is a definite reduction of exposure to the insurer. Moreover, with Dental Practice Indemnity, new dentist can work for the business without the need to prove or extend their own personal cover.