What is Dental Indemnity?
When looking at dental indemnity insurance, the most important question to answer is: what is indemnity? Indemnity refers to a situation whereby an insurer pays for, or reimburses the insured for, losses or damage that the insured person may have incurred. Simply put, it is a type of insurance policy that provides cover for medical and dental treatments. So what is an indemnity policy? An indemnity policy is one that pays money to the insured in the event that they are treated for an illness or injury. It covers the expenses that are incurred for medical and dental treatments, as well as any lost wages or out-of-pocket expenses that the insured may have incurred.
What Does Dental Indemnity Insurance Cover?
Dental Indemnity Insurance is designed to protect dental professionals from claims around medical malpractice, clinical negligence or a breach of duty of care but some providers also offer cover for GDC Fitness to Practice investigations. It is there to provide financial protection in the event that a claim is made by a patient or an investigation by a regulatory body. An appropriate policy should cover legal costs, expert fees, treatment costs and even loss of earnings depending on the provider. By having appropriate dental indemnity insurance in place, dentists and dental professionals can have peace of mind knowing that they are protected against any potential claims or investigations.
Different Types of Dental Indemnity Insurance Policies
Medical Malpractice Cover
Medical malpractice cover is a type of indemnity insurance that can protect professionals from being liable for any form of medical malpractice, clinical negligence or breach of duty of care. Even if a dental professional is accused of being negligent or failed to provide a reasonable standard of care to a patient, they could face a costly legal battle. However, medical malpractice cover with Dental Defence League provides up to £10,000,000 worth of cover for any potential legal fees and damages. It is essential for every dental professional to consider taking out this type of insurance to protect themselves from the costs of appearing in court and settling compensation claims.
Regulatory Legal Cover
Regulatory legal cover is a type of indemnity insurance policy that provides legal assistance in case of an investigation by a regulatory body. The main regulator is, of course, the General Dental Council (GDC), however, our cover extends to provide support and legal representation in case of investigations by the Care Quality Commission (CQC) or even National Health Service (NHS). It provides assistance with the financial cost of legal advice from a regulatory solicitor, dentolegal advice from an experienced dento-legal advisor and representation from a barrister. The policy will prove invaluable for dental professionals facing disciplinary action because of the significant costs and stress associated with defending their professional reputation. Dental Defence League provides this type of cover as standard for dentists and dental professionals.
Suspension Insurance
Suspension insurance is a type of policy that provides financial support of up to £3,250 per week in the event of a suspension, interim or substantive, from the General Dental Council (GDC). This kind of policy is great for both associates and dental practice owners, as it gives them the peace of mind that if they are unable to practice due to a suspension, they will still have a reliable income. Whether you’re an NHS or private dentist, it is important to have the right protection in place to ensure you’re covered if the worst were to happen.
Defamation Cover
Defamation cover is an important protection that dental indemnity insurance can provide in case of malicious complaints to the General Dental Council (GDC) or false online reviews. With this cover, policyholders can ensure that their financial interests and reputation are protected in case of such malicious claims. This cover can help to protect potentially damaging claims about their professional reputation which could result in severe financial losses and potential closure of their practice. In such cases, defamation cover provides policyholders with an important financial safety net to ensure they are able to recover damages due to such claims.
What to Look for When Choosing an Indemnity Insurance Provider
Choosing an indemnity provider is a crucial decision that requires careful consideration. The government has been actively engaged in consultations regarding dental indemnity since 2018 and published the consultation outcome in December 2022. Read about this here.
Furthermore, the General Dental Council (GDC) recently proposed a review of their guidance on dental indemnity and insurance. Read more about this here. These developments highlight the significance of this topic and the need for dental professionals to be well-informed when selecting an indemnity provider.
Comprehensive Cover
A dental indemnity insurance policy has comprehensive cover if it truly provides the protection in all aspects of your professional practice and career. It goes beyond the basic requirements and ensures that all potential risks and liabilities associated are adequately addressed. A comprehensive cover typically includes protection against clinical negligence claims, legal expenses for contractual disputes, assistance with regulatory matters, and even coverage for past liabilities. It provides a safety net that extends to present, future, and past treatments, offering dentists peace of mind and financial security throughout their careers. What is also important is that the cover has no discretionary element to it.
Limit of Indemnity
When it comes to finding the right indemnity insurance cover, it is essential to consider the limit of indemnity that is offered. This limits the amount of compensation that your policy pays. Medical malpractice cover from the Dental Defence League offers up to £10m worth of cover. Additionally, it offers up to £250,000 for regulatory investigations and up to £100,000 for legal expenses in civil dispute matters. The limit of indemnity will determine the risk exposure you face and the benefits you can benefit from over the duration of the policy.
Regulated or unregulated?
When you’re deciding who to select as your Dental Indemnity Insurance provider, it’s important to check that their policies are backed by regulated insurers. Dental indemnity provided by Medical Defence Organisations (MDOs) are unregulated and offer their services on a discretionary basis. Some examples of MDOs include Dental Protection (MPS), Dental Defence Union (DDU), The Medical and Dental Defence Union of Scotland (MDDUS) and the Dental Defence Society (DDS). These membership organisations can use their discretion to refuse cover at any point. Regulated policies, on the other hand, cannot and will not use any form of discretion. In our opinion, indemnity insurance policies that are underwritten by FCA regulated insurers are really the only option that truly addresses dentists needs.
Retroactive Cover
When looking for indemnity insurance, it is important to consider your needs and the coverage that is important to you. One key part of the package that may be useful for dentists is retroactive cover. This provides cover for incidents that occurred prior to the commencement of the policy but which are reported at a later date. This can be particularly helpful for dental professionals because, in many cases, problems may arise only after a particular treatment has taken place.
Claims-made vs occurrence-based policy
When choosing between a claims-made or occurrence-based policy for dental indemnity, it is important to consider the different options available. A claims-made policy protects dentists from liability when a claim is made for incidents that is provided during the policy term. It will cover a claim from any time period covered by the policy. An occurrence-based policy, on the other hand, covers incidents that occurred during the life of the policy, even if the claim is made after the policy has expired. Ultimately, the decision between a claims-made or occurrence-based policy depends on the dentists’ needs and the level of coverage they want.
Understanding Dental Claims
When it comes to dental indemnity, the way claims are handled is a crucial consideration for dentists. At Dental Defence League, we understand that not all claims are straightforward, and we believe in a personalised approach to claims management. Unlike some providers who may settle claims without question, we take the time to thoroughly evaluate each case and assess its merits. Our priority is to put your interests first and vigorously defend you against unjustified claims. In the event of a claim, you will have a team of experienced dental and legal professionals who specialise in handling dental claims. By providing robust defence strategies and expert guidance, we ensure that your reputation and professional integrity are protected throughout the claims process. At Dental Defence League, you can trust that we have your back, providing the support you need when faced with dental claims.
Summary
Choosing the right dental indemnity insurance provider is a critical decision for dental professionals. It is essential to opt for a provider that offers comprehensive cover, backed by regulated insurers, and prioritises the interests of policyholders. Dental Defence League stands out as a leading provider that understands the unique needs of dental professionals. With comprehensive cover that extends beyond the basic requirements, such as protection against clinical negligence claims, legal expenses coverage, and support in regulatory matters, Dental Defence League ensures that dentists have peace of mind and financial security throughout their careers. By offering non-discretionary policies underwritten by regulated insurers, Dental Defence League eliminates the uncertainties associated with discretionary indemnity and provides a reliable safety net for dental professionals. With their commitment to personalised claims management and vigorous defence against unjustified claims, Dental Defence League stands by the dentists they cover. When it comes to dental indemnity insurance, Dental Defence League is the trusted partner that dental professionals can rely on for comprehensive protection and peace of mind.
