Debunking Legal Myths in Dentistry—What You Know vs What You Must Know

Dentistry is a highly regulated world.

With bodies such as the General Dental Council (GDC), clinical practice is so much more than patient treatments and management. Practising dentistry within legal and ethical boundaries is what truly defines your clinical expertise and success. Yet,  legal myths and misconceptions abound, leaving many dental professionals vulnerable to unnecessary risks. Believing that complaints always lead to legal trouble, that consent forms are foolproof, or that insurance alone offers complete protection can lead to costly mistakes. Precisely why, debunking legal myths is more critical today than ever before.

Whether you’re newly qualified or a seasoned practitioner, stay with us as we dispel these myths, clarify your legal responsibilities, and equip you with all the information you need to safeguard your dental career.

Legal Myths in Dental Practice vs. the Reality

The concepts of dental practice are ever-evolving. Every invention, research, innovation, incident, and accident influences how dental offices operate. This is especially true in cases of patient complaints or legal battles. Thus, debunking legal myths gets you accustomed to the realities behind these myths. This is key to practising confidently and compliantly in the UK.

#1 If I have insurance, I don’t need legal protection

Practice insurance is crucial but not a substitute for comprehensive legal and professional support or indemnity, similar to those offered by dental defence platforms. The difference between standard insurance cover and indemnity coverage is a must-know.

Standard insurance policies: These are often rigid in their approach, focusing on financial liabilities like claims for injury or property damage, workplace injuries or claims from employees and financial compensation for negligence.

The important thing to know is that…

Relying solely on insurance cover will leave gaps in legal protection!

• For instance, standard insurance plans do not offer personal advisory support during difficult times, leaving you to navigate the emotional toll alone.
• They offer no support for the paperwork, filings, review and follow-ups. In most cases, you will have to look out for additional help from a lawyer or the regulatory body.
• Insurance plans often exclude coverage for legal costs associated with regulatory complaints or fitness-to-practice hearings like in GDC investigations.

On the contrary…

Membership with a dental defence platform provides an additional layer of support that goes above and beyond standard insurance. For example:

• Bespoke plans:  Defence organisations typically provide experienced legal teams if you face a claim, GDC investigations, or even criminal allegations related to your practice. They invest time to understand the unique challenges of your practice and design plans for legal advice, clinical support, and regulatory guidance that are not stock solutions but are instead tailored to your practice.
• Ongoing support: Indemnity coverage is not a one-and-done service. Instead, most defence organisations provide ongoing support throughout a claim and can even offer recommendations on how to lower the likelihood of such claims in the future. Dentists who are new to the field or who are handling a particularly complex claim may find this to be particularly helpful.
• Emergency support: Defence societies offer 24/7 advice for immediate guidance on patient complaints, ethical dilemmas, or adverse incidents.
• Discretionary Indemnity: While standard dental insurance cover is about as rigid as it gets, dental defence organisations provide a whole host of indemnity options tailored to your exact requirements.

Both insurance and discretionary indemnity have their roles, but they serve different needs. A clear understanding of what each type of protection provides will help you choose better.

So that’s myth #1 – What about myth number two?

#2 Patient Consent Forms Offer Blanket Protection

Not really! Patient forms are designed to ensure that patients are fully informed about the treatment they’re receiving and the associated risks; they cannot shield you from legal action in every situation. To understand this better, the 3 rules of valid consent are:

• The patient must have the capacity to understand the consent.
• The patient must be informed about the procedure, risks and alternative options in the consent.
• The patient must sign the consent form voluntarily.

Despite all of the above, if the patient believes that the care provided was inadequate or caused harm, they may still bring a claim, irrespective of the consent form.

Why?

Consent revoke: Consents can be withdrawn at any time during the treatment process. If the patient revokes consent, you may face legal complications, even if you have a signed form, as they might claim their consent was obtained improperly or not fully understood.

Failure to explain risks: The onus lies with the dentist to explain risks to the patients in a way they understand.

Incomplete consent: Simply having the patient sign a form doesn’t guarantee protection if the patient wasn’t truly aware of what they were agreeing to.

Negligence: If the patient believes that the care provided was inadequate, there was oversight or the procedure caused harm, they may still bring a claim, regardless of the consent form.

#3 Only Big Problems Cause Lawsuits

Certainly not!

The idea that only major mistakes result in lawsuits is categorically a myth and a dangerous one to believe. In reality, seemingly petty matters like miscommunications and delayed handling of patient concerns can also lead to legal action.

Consider this…

Human factors involved in the dental profession subject it to emotional interactions that simply don’t exist in other industries. When patient emotions run high, it can be the basis for legal repercussions. In other words… in dentistry, small issues matter. Issues like:

Miscommunication: A simple misunderstanding or failure to fully explain a treatment plan or its risks can result in a patient feeling dissatisfied or misled, potentially leading to a complaint or lawsuit.

Poor handling of concerns: Not addressing patient concerns in a timely or appropriate manner can escalate into more serious issues. Even minor errors, like delayed responses to complaints, can lead to legal consequences if not managed well.

The good news is that most can be resolved without legal escalation by listening to the patient and addressing their concerns promptly.

Dental defence organisations help you identify and navigate such issues in the early stages. They offer practical steps and tactics to communicate with the patient within the confines of the practice before matters reach legal issues.

Having a good handle on the legalities surrounding dentistry is key for any practising dentist and debunking these popular legal myths is crucial to avoiding problems in the future.

If you are looking for a dental defence organisation that offers bespoke services for practices small and large and want to start on the right foot in 2025, feel free to connect with us at DDS support services.