Extended liability terms and conditions

The supplement extends the existing benefits of membership for dental practice owners/principals. It adds the right to request assistance with a clinical negligence claim made against you for your vicarious liability for the acts or omissions of a dentist or DCP. 

This dentist or DCP must have been employed or contracted by you to work at your practice at the time of the incident.

Costs

The supplement is individual to you. The price is reduced to take account of any joint liability you might have with another practice owner. 

The cost of the supplement is based on:

  • the number of DDU member associates or employed dentists currently working for you
  • the number of non-DDU member associates or employed dentists currently working for you
  • the highest number of non-DDU member associates or employed dentists working for you in the last five years
  • the number of principals/partners sharing liability (including yourself).

If any of these details change, please contact us so we can re-calculate the cost of your supplement.

What we can help with

The supplement's benefits only apply to care provided by clinical staff for whom you are responsible - not care provided by, or liabilities of, other practice owners.

If you face a claim, we can help you with:

  • costs of defending allegations that you are vicariously liable for treatment provided by an associate or employed dentist working for you
  • paying compensation and claimants' legal costs if you are found to be vicariously liable for the clinical negligence of a dentist working for you (where recovering these costs from the treating dentist or their indemnity provider is unsuccessful)
  • defence costs (but not damages) from claims made against your employed or contracted dentists that:
    • arise from clinical practice
    • you are alleged to be vicariously liable for
    • relate to alleged or proven sexual harassment, sexual misconduct, discrimination, health and safety breaches, systematic neglect or unlawful conduct.

Claims made

The benefits provided under this supplement are offered on a discretionary claims made basis. 

This means that in order to ask us for assistance, you must have become aware of the incident or claim, and reported it to us, during the period of membership the supplement is applied to and paid for.

Each request for assistance is given careful individual consideration, but it is important you understand factors that might influence our decisions.
Specifically, in relation to vicariously pleaded claims, we would expect the treating dentist or DCP to have been indemnified for the work, and for you to have confirmed this and kept a record of that indemnity.

When applying for the supplement, we would also expect you to have given us complete and accurate information about the dentists who previously worked for you, and any problems they had (claims or otherwise) that you were aware of when you applied.