Dento-legal climate worsening says DDU

Speaking at the Westminster Health Forum keynote seminar on dentistry in central London today, Rupert Hoppenbrouwers, Head of the DDU, explained how the current worsening dento-legal climate is having an effect on indemnity fees. He said:

“Complaints to the General Dental Council (GDC) have increased by 110% since 2011 and we are also seeing clinical negligence claims inflation rising at 10% per year. While dental claims are traditionally seen as low value, this is no longer the case and our highest amount paid out in compensation to an injured patient in the last five years, together with the patient’s legal costs, was over £240,000. The case concerned alleged nerve damage, unsatisfactory dentures and failed implants, together with alleged psychological injury.

“This trend is not due to a fall in dental standards, which remain high. Very few dental professionals are found to be impaired by the GDC and currently over half of dental negligence claims are successfully defended by the DDU. But the increasing demand for our services inevitably has an impact on the indemnity fees we need to charge dental professionals.”

The DDU puts down the increase in complaints and claims to four main factors:

• Patient complaints being misdirected - for example patients often complain to the GDC because they want an explanation of what went wrong and an apology, without first making a complaint direct to the dental professional who may be able to resolve their concerns.

• The GDC is currently unable to filter out the less serious complaints from those which potentially raise more serious issues about the dental professional’s fitness to practise. If they were, it could speed up their processes.

• The availability of ‘no win no fee’ arrangements for clinical negligence claims.

• The increasing number of cosmetic procedures being carried out, which may be expensive for the patient and come with higher patient expectations. 

Rupert Hoppenbrouwers continued: “There are some potential remedies on the horizon howeve such as more emphasis being placed on resolving complaints locally and more information being made available for patients as to where to best direct their complaints.

“In addition, we have been active in raising the need for the necessary reforms to be made to improve the GDC’s fitness to practise procedures and we are hopeful this will be achieved. There have already been legal reforms to make the fees claimant’s lawyers can charge in personal injury cases more proportionate to the damages received by the patient and further proposals to cap fees have just been announced.

“While the current climate is challenging for dental professionals, who are more likely than ever before to face a complaint or claim, with all the distress that may cause, they can rely on the DDU for expert support and advice when needed.”