Understanding Vicarious Liability: Avoiding Risks with Associates and Locums in Your Dental Practice
If you are a dental practice owner in the United Kingdom, it is very likely that you work with associates, hygienists, therapists or locums at various points throughout the year. These arrangements support patient flow, enable continuity of care, and allow your practice to grow in a sustainable and balanced way. However, many practice owners do not realise until much later that they may still be held legally responsible for the actions of those professionals, even when they were not directly involved in the treatment provided.
It can feel natural to assume that if an associate or locum has their own professional indemnity, then the practice is protected. After all, these clinicians are self employed and responsible for their own clinical work.
Recent legal cases in the United Kingdom have shown that this assumption is no longer reliable. A practice owner may still be held liable if a patient reasonably believed their care was provided by the practice rather than an individual clinician.
This understanding sits at the centre of modern risk management in dentistry.
It is not enough to simply ask whether someone has indemnity. You need to confirm it, document it, and ensure it remains in place. A lapse in cover, out of date documentation, or an unclear working arrangement may result in a claim being directed to you, even many years after the treatment occurred.
In this vlog we will explore:
- What vicarious liability means within dentistry
- The legal cases that have reshaped expectations
- A scenario that illustrates how easily difficulties can arise
- Practical steps to help protect yourself and your practice
Let us begin with the fundamentals.
What Is Vicarious Liability?
Vicarious liability is a long established legal principle where one party is held responsible for the actions or omissions of another. It originates from centuries of common law and was traditionally applied to employers who were held accountable for the acts of their employees, even when they did not carry out the actions themselves.
One early example dates back to 1834 in the case of Joel versus Morrison which involved an employer, a servant and a cart that was driven negligently. Although the context and environment have changed significantly since then, the underlying principle continues to apply today.
In a modern dental practice, this means that a practice owner may be held liable for the clinical actions of an associate dentist or locum, even when that professional is self employed and holds their own indemnity. The reasoning is straightforward. Patients often perceive the practice, rather than the individual clinician, as the provider of their care. This perception influences how courts interpret the contractual relationship.
Unfortunately, many clinicians still believe that so long as associates have their own indemnity, the practice cannot be drawn into a claim. Recent judgments show that this is no longer the case.
Recent Legal Cases That Have Shifted Expectations
Two important cases have placed vicarious liability in the spotlight within dentistry.
Breakingbury versus Croad (2021)
Dr John Croad, a retired practice owner, was found to be vicariously liable and to owe a non delegable duty of care for negligent treatment carried out by self employed associates. Although he no longer practised clinically, patients reasonably believed that their care was provided by the practice.
Hughes versus Rattan (2022)
Mr Rattan, also a retired practice owner, faced legal action from a patient treated by several self employed associates who each held their own indemnity. The court determined that he could still be held vicariously liable.
These cases have reshaped the legal landscape and demonstrate why every practice owner must understand the implications of vicarious liability.
When Good Intentions Lead to Risk: A Fictional Illustration
The following scenario reflects patterns seen across many real cases.
Dr James runs a respected mixed practice in the Midlands. His associates are self employed, each with documented indemnity and contracts stating they are responsible for their own clinical work. Two years after an associate has moved on, a patient raises a concern about a root canal treatment performed during that time. The associate has since left dentistry and their indemnity has expired. The patient’s solicitor contacts Dr James.
Although he never treated the patient or supervised the procedure, Dr James is included in the legal claim because the patient believed their care was provided by the practice.
While fictional, this scenario mirrors the challenges faced by many practice owners today.
Key Risk Areas to Consider
Contracts are limited tools
Even the strongest associate or locum agreement cannot guarantee protection. Courts may still find a practice owner liable.
Gaps in indemnity
If a clinician’s indemnity lapses, is inadequate, or cannot be verified, a claim may be directed to the practice.
Patient perception
How patients interpret the relationship matters. Branding, signage and language such as “our team” may unintentionally support a vicarious liability claim.
Control and supervision
The more influence you have over working hours, materials and clinical processes, the more likely the relationship could be viewed as similar to employment.
Practical Steps to Strengthen Your Protection
Review and improve contracts
Ensure that agreements for associates and locums are comprehensive and reviewed regularly by legal experts who understand the dental sector.
Verify indemnity continuously
Record indemnity details for every clinician and make verification an ongoing administrative process, not a one time check.
Be clear with patient communication
Clarify who will be providing care in patient documentation and on your website. Avoid language that creates ambiguity.
Secure vicarious liability protection
Some defence organisations now offer specific protection for vicarious liability risks. Confirm whether your policy includes this.
Ask questions and seek clarity
If you are unsure whether you are covered for work carried out by associates or locums, contact your indemnity provider and request explicit confirmation.
A Safety Net That Protects Your Practice and Your Peace of Mind
Understanding vicarious liability is not about meeting a regulation. It is about protecting your livelihood, your professional standing and your wellbeing. Claims can be time consuming and distressing, even when the outcome is ultimately in your favour.
If you would like reassurance that your indemnity covers vicarious liability, or if you want greater certainty that associates and locums do not introduce hidden risks, we are here to support you.
Dental Defence Society provides tailored indemnity that reflects the realities of modern practice ownership, including vicarious liability protection. Our expert team is available at any time to offer legal advice, guidance and representation whenever you need us.
You can contact us on 020 8242 6226, email info@dentaldefencesociety.com or visit www.dentaldefencesociety.com. Your peace of mind matters and we are here to help you protect it.
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