Extended liability terms and conditions

Extended liability expands the 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 dental care professional (DCP). This dentist or DCP must have been employed or contracted by you to work at your practice at the time of the incident. 

Extended liability does not remove the need for those dentists and DCPs to have their own indemnity to meet claims arising from their own clinical practice.

Costs

Extended liability 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 extended liability is based, among other things, 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 extended liability.

GROUPCARE practices

Extended liability indemnity is free for GROUPCARE practices when all dentists in a practice are DDU members. 

However, there is a fee if you wish to add extended liability for the acts or omissions of dentists who are not DDU members, including those whose membership application has not been accepted.

What we can help with

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

Claims made

The benefits provided by extended liability 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 extended liability 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 maintained membership of a dental defence organisation or contracted with an indemnity provider or insurer for indemnity for the work, and for you to have confirmed this and kept a record of that indemnity.

When applying for extended liability, 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.