New High Court Changes Regarding Dentist Liability
Posted on 9th August 2021
Our specialist dental negligence solicitors discuss important updates to dental practice owner liability for negligence dental treatment. Read on for more.
In recent years, dentist practice owners have benefitted from a questionable legal loophole that allowed them to avoid liability for the negligence of the dentists working in their dental clinics.
However, this is all set to change due to a High Court ruling in recent weeks, establishing practice owner’s liability in any cases of dental negligence that occurs in their practice. In this post, our leading dental negligence solicitors run through the changes, and what they could mean for the future of dental negligence for dental work gone wrong.
What prompted the changes to the legal liability of dentist practice owners?
The recent High Court case that resulted in the official changes to the amount of liability held by owners of dental practices, revolved around a Mr Rattan, the previous owner of a large dental practice. It sought to establish whether or not he was liable for the negligence treatment carried out on patient Mrs Hughes by one of the self-employed associated dentists working at his practice.
Mr Rattan’s legal representation argued that the dentists acted on a fully self-employed basis, and subject to the terms of their own medical negligence insurance. However, the High Court instead ruled that Rattan was vicariously liable for the work of the dentists in his practice, and that he owed them a non-delegable duty of care.
How will this change dental negligence claims?
For years, large dental practices have avoided liability or legal responsibility for any mistakes or negligent treatment by the dentists in their practices, meaning that they were not involved in any dental negligence claims made by patients. This meant that patients had to claim against the dentist themselves, making the process much more personal, and making the potential financial compensation achievable to be much lower in value. It was also common for individual dentists to go missing, and leave the country, when it came to the claim being filed against them, leaving the injured victim helpless.
The ruling is a huge win for patients who have suffered from dental negligence, or dental treatment gone wrong, and have been unable to make a claim for financial compensation against the practice itself. Whether it was a negligent filling, tooth extraction gone wrong, dental misdiagnosis, or improper aftercare, it is now easier than ever to make a dental negligence claim for financial compensation against the dental practice, regardless of whether or not the dentist was working for them on a self-employed basis. This is because all practice owners must obtain full insurance policies in order to protect their patients.
How can MG Legal’s specialist dental negligence solicitors help?
This is a brilliant change, and offers increased protection for dental patients going forward, but it doesn’t automatically do anything to rectify the thousands of patients who have lost out on financial compensation.
If you have been injured as a result of negligent dental treatment in the last three years, and have been unable to make a claim for financial compensation against the dentist themselves, then you could now be eligible to make a claim against the dental practice and its owner.
MG Legal dental negligence solicitors are well-informed and up-to-date on all legal updates to dental negligence claims. Our team of leading solicitors have a success rate of over 99%, and are the best team for you to make a claim for your negligent dental treatment. Do not hesitate to browse our work online, and get in touch with our friendly dental negligence solicitors today, here, for a no-obligation, hassle-free discussion of your potential claim. Otherwise, email us at email@example.com , and hear back from us the same working day.
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