Indemnity covers you when accidents happen
Sometimes things can go wrong; picture a scenario in which a heated instrument is handed to you by a nurse but accidentally touches the lip of your patient, causing an injury. The upset patient discovers how it happened, decides to complain about the careless nurse, and wants compensation for the scarring on her lip.
Practice owners are vicariously liable for the acts of their employees, including dental nurses. In the above scenario the patient would be entitled to seek compensation for injury caused by the apparently negligent handling of a hot instrument.
Although it has always been a professional requirement for all dental registrants to have appropriate arrangements in place for patients to seek compensation if they suffer harm, it became the law on 23 November 2015.
If indemnity had not been in place in this kind of situation, the employer would be liable to pay any compensation the patient is entitled to. As well as facing profound consequences for not ensuring all its staff had appropriate indemnity in place, the practice could face huge costs in legal fees and any resulting compensation due to the injured patient.
Clinical negligence claims can be very stressful for everyone involved, in a profession that is already demanding.
Dental nurse indemnity annual declaration
Dental nurses are now required to make a declaration about their indemnity arrangements during the yearly GDC registration renewal process in June. Most professional indemnity policies offered to practice owners for personal indemnity, including ours, have an extension to cover any dental nurses that they employ. For many providers this is either on a named basis, or via a clause in their policy confirming an equivalent arrangement.
If the GDC asks for proof of a nurse's cover as part of a random check, the nurse can send details of the practice owner's policy with a covering letter from the practice owner confirming the registered nurse is covered on their policy. As mentioned above, trainee nurses who are not yet registered with the GDC do not need to have indemnity.
It is up to every dental nurse to ensure that they always have appropriate indemnity cover. It is not safe to assume that there will be automatic cover via an employer. To avoid any confusion, practice owners should confirm what indemnity arrangements are in place. Dental nurses should always ask if unsure - particularly if working for more than one practice.
The GDC does not stipulate what type of indemnity arrangement is appropriate, provided the cover would enable a patient to claim compensation should that ever be necessary. The guidance says that the following types of indemnity or insurance are recognised by the GDC:
- Dental defence organisation membership - either your own membership or as part of your employer's membership
- Professional indemnity insurance held by you or your employer (including indemnity insurance provided by your professional association)
- NHS indemnity.
Dental nurses are not required to make their own indemnity arrangements unless they are working through an agency, or they may choose to obtain individual personal indemnity to cover any legal costs in a Fitness to Practice hearing in cases in which personal conduct and professionalism is under investigation. There is no GDC requirement for additional cover but DCPs should not rely on a practice owner’s indemnity for such an extension of personal cover.
