Responsibility

The DDU has received a number of requests for assistance about similar cases. If a patient were to make a claim for compensation after an incident like this, who would have responsibility for the claim might be debatable, and could depend on a number of factors.

Practice principals have a responsibility to ensure that all staff - including associate dentists, employed nurses and agency staff - receive a full induction to the practice, as well as being made aware of their role and of the practice's policies and procedures. This includes knowing their responsibilities for setting up and shutting down the surgery at the beginning and end of each day.

If a member of staff did not follow such a policy when they had been made aware of it, they could be liable for any claim. However, if they had not been made aware of the policy, responsibility would likely rest with the practice principal.

Vicarious liability

A practice will also likely have a degree of vicarious liability of the acts and omissions of employed staff. If it is registered as a company, a claim could be made against the practice, rather than against any one individual. The DDU offers indemnity for practices registered as a company through our corporate membership, but dental nurses may also have their own professional indemnity - or if they are not employed by the practice, this may be provided by the agency they work for.

If you are a practice principal, associate dentist or dental nurse and are involved in a similar incident to the one described above, it is important to be honest with your patients from the start about what has happened and advise them to seek medical assistance. You should also call the DDU advice line so a dento-legal adviser can offer support and guidance.

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