Wisely, the member alerted the DDU straight away and was asked to put together all relevant documentation, including the letter and an account of events with reference to the clinical record. "I understood that the DDU was going to use this for my defence if the claim was to go further, but none of us really expected the matter to get to court at that stage."

As months and then years went by, the DDU continued to build the case on the member's behalf, based on information gathered at case conferences with the member and the DDU-funded legal team, as well as expert witness reports. Despite this, the claimant and their solicitors were unwilling to concede any ground, and it would be necessary for a judge to determine whether the dentist had negligently harmed the patient.

"The situation became more and more intense as the case went further," the member recalls. "Obviously, the experience does shake you in the sense that whenever you see a patient you think, 'Could this end up in a claim?' so it is constantly on your mind, for sure. I found it helped to speak to colleagues and friends about what was happening. It was good to get their point of view and it made me feel calmer."

Despite the nerve-wracking prospect of giving evidence, the member and DDU were confident that they could mount a robust defence and convince the judge to dismiss the claim. Seeking to negotiate a settlement in those circumstances would not have been in the interests of the member - and would have set a damaging precedent for the wider profession.

While it was an uncertain and stressful time for the member, they were grateful for the support and expertise of the DDU throughout the process. "I was comfortable with the legal team that represented me, especially my barrister who was very nice and listened to my concerns. Obviously there was a limit to the advice she could give me ahead of the hearing, but I felt like she was on my side. This made a difference because it is an intimidating situation - particularly as the pandemic meant I had to sit by myself during the hearing."

Giving evidence in court: a member's testimony

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Giving evidence in court: a member's testimony