Debunking Legal Myths – Things Every Dentist Should Know

Aug 4, 2025

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.

What To Do When A Patient Complains – A Step-By-Step Guide

Aug 4, 2025

From Grumbles to Grins—A Step-By-Step Guide to Handling Patient Complaints in Your Dental Practice 

Dentistry is as much about communication as it is about care. While today’s dental practitioners welcome feedback to improve patient engagement, conversations can turn tricky when feedback turns to complaints. With consumerism more of a norm than a fad, complaints and litigation against dentists have risen dramatically over the past 5 years. Reports show that complaints to the Parliamentary and Health Service Ombudsman (PHSO)  saw a significant rise of 66%, rising from 1,193 in 2017-18 to 1,982 in 2022-23.Additionally, a 2022 report showed that 88% of young dentists predicted that their generation will encounter more complaints and legal issues in their careers today than ever before.

As you can see, this is a problem that is unlikely to go away. Knowing how to handle a complaint is a handy tool in any dentist’s arsenal. But before we dive into the nitty-gritty of how to do that, it’s probably a good idea to see exactly what constitutes a complaint.

Here’s the GDC’s take on the subject…

If a patient or patient’s family expresses dissatisfaction about a service in a dental practice, particularly one that necessitates a response, it’s classified as a dental complaint and therefore should be handled as such.

Though certain complaints are legitimate and truly demand stern action, a significant share of complaints arise from simple communication issues rather than actual clinical faults. Minor issues of dismissal, delays or miscommunication can easily be taken the wrong way and often stem from overworked staff or poor team communication.

These are also the reasons why certain dentists and practices face more complaints than their counterparts, despite similar standards of service. Yet, receiving a complaint doesn’t mean you’re a bad dentist…

A combination of bad luck and communication breakdown can be contributing factors. Moreover, complaints aren’t always directed at the treating clinician. Often, they stem from a team member the patient associates with the practice. This is why every team member needs to be on the same page when it comes to establishing a strong dentist-patient relationship.

Now we know what causes the majority of complaints, let’s take a look at how to handle them, if and when the need arises…

Handling Patient Complaints in Dentistry—A Step-by-Step Guide

Handling complaints well can protect you from legal implications, boost patient retention, and keep your practice going. Here are a few points to consider:

#1: Stay calm

Your first reaction to a complaint will often set the tone for the entire interaction with the patient. Even if the patient is emotional or upset, you, as a professional, must remain calm and composed. Remember, the patient is expressing dissatisfaction with a service and holds no grudges against you as a person. A calm demeanour can often de-escalate or diffuse a situation putting you in control.

#2 Understand and acknowledge the complaint

It’s important not to jump to conclusions or switch to defensive mode, however strong the urge is. Instead, put yourself in the patient’s shoes and try to fully understand why they are upset. Let them explain their concerns in detail and try to empathise and acknowledge their feelings.

Common phrases like, “I’m glad you brought this to my attention; thank you” or “I can see why you’re upset,” go a long way. In no way does this mean you are admitting fault; it simply shows you respect their perspective. Once you know what the matter is about, you’re better equipped to handle the patient complaint.

#3 Be a patient listener; be open to discussions 

Active listening isn’t about being there and nodding your head to all that they say. Instead, it’s about making them feel heard. Often this is all patients want!

Maintain eye contact, avoid interrupting, and use verbal cues. For example, asking things like, ‘Could you tell me more about that?’ builds confidence.

Two things happen when you do this:

• Patients are less likely to escalate complaints when they feel heard and understood and…
• You don’t miss key details that could be critical in resolving the matter later.

#4 Refer to records and document all discussions well

If you are in the habit of meticulously documenting each patient appointment, this strategy will come in handy now. Review the patient’s treatment history and any relevant notes before responding. This helps you clarify any misunderstandings and ensures you’re dealing with facts rather than assumptions.

When handling patient complaints, document everything discussed, including the patient’s concerns and any proposed resolutions. These records may prove invaluable should a case be taken further but also, meticulous documentation helps to identify and track the behavioural pattern of the patient (in case it has to be reported).

#5 Take action

Once you’ve understood and discussed the issue, it’s time to act. Address every part of the complaint, offer viable solutions, and be transparent about it. Make sure you mention a timeframe for the resolution to reassure the patient.

Whatever you commit to, whether it is re-treatment, issuing a partial refund, or scheduling a follow-up consultation, make sure it’s both reasonable and ethical.

#6 Always follow up

Remember to follow up after handling patient complaints. Doing so helps to build long-term relationships.  A quick phone call, an email or a message can satisfy the patient further and reduce the chances of poor online reviews and repercussions. Following up ensures that you, as a healthcare provider, feel accountable and are truly invested in every patient’s well-being.

And, last but not least….

#7 Learn from the complaints and avoid the same mistakes in the future

Learning from mistakes is key to ensuring the same problems don’t arise again. Hold regular meetings to discuss any clinical situations, why they happened and what can be done to avoid such mishaps in the future.

So, there you have it… The 7 steps to handling patient complaints

In the current dental landscape, it’s rare to go through your dental career without facing a complaint and as we’ve demonstrated, it’s how you handle that complaint that can make all the difference. The good news is that you don’t have to do it alone.

If you’re currently dealing with a patient complaint then it’s good to know that we have your back. At Dental Defence Society, we’re more than just an indemnity provider. Members also have access to dento-legal support from experienced professionals to help and guide you through such a situation. Want to know more?  Visit our website or call us on 020 8242 6226  to see what we can do for you.

Mastering Professionalism Online – Essential Tips for Dental Students Regarding Social Media Use

Mar 6, 2024

Introduction:

Social media has become a valuable platform for dental students to network, exchange ideas, and draw inspiration from others. However, it is crucial to maintain professionalism while using these platforms. Although social media may not seem directly related to patient care, a study analysing fitness-to-practice (FTP) cases investigated by the General Dental Council (GDC) revealed that, 2.4% were said to be social media-related. In response, the GDC has provided guidelines on social media use to prevent violations. This article aims to discuss how dental students can effectively utilise social media without breaching the GDC’s rules on engagement.

1. Avoid Identifying Patients on Social Media

Dental students often receive direct training on real patients, but it is vital to prioritise patient confidentiality. According to section 4.3.3 of the Standards Of The Dental Team, students must not publish any information on social media that could identify patients without their consent. Written consent should be obtained before using personal information or images related to a patient. Posting inappropriate content or discussing a person’s treatment can severely damage your professional reputation and even lead to disciplinary action. Exercise caution and think twice before posting anything.

2. Maintain Appropriate Boundaries

Even as a dental student, it is crucial to establish and maintain appropriate boundaries with patients. The GDC emphasises that students should adhere to professional limits in their patient relationships. Regarding social media, this means refraining from befriending patients on personal social media accounts (such as Facebook, Instagram, or Twitter) and avoiding discussions about their treatment. Remember to keep personal and professional accounts separate. If necessary, direct patients who want to connect online to the clinic’s website or social media page. Seek guidance from your course tutor or clinical advisor if you are unsure about establishing proper boundaries.

3. Uphold Professionalism

It is essential to maintain a professional online presence by refraining from posting anything that could be deemed unprofessional. Before sharing or posting content, consider how others might perceive it. Could it be misinterpreted or taken out of context? A good rule of thumb is to avoid posting or sharing anything that you would not want a journalist to discover or see in a newspaper. Even if something appeals to your sense of humour, consider whether it could offend someone else. Exercise discretion and avoid sharing potentially controversial content.

4. Take Regular Breaks

Studies have shown a direct correlation between excessive social media use and increased mental health problems. While social media offers opportunities for connection, creativity, and fun, spending excessive time on these platforms can lead to confidence issues, anxiety, and disrupted sleep patterns. Limit your daily screen time, disable notifications, and take regular breaks from social media. This will allow you to return to the platform feeling refreshed and engaged, with more to share with friends and acquaintances.

5. Consider Everything Public

Remember that anything you post on social media, even if it is intended to be private, has the potential to be copied and shared with unintended audiences. If you do not want certain individuals or groups to access your content, it is best not to post it at all. Treat every written post as if you are attaching your signature or brand to it because once it is out there, it may remain permanently, even if you delete it later. Be cautious about the content you post, as  70% of all future employers often review social media profiles, and controversial posts could have adverse consequences.

Conclusion

Social media offers valuable networking opportunities and a platform for dental students to connect, learn, and grow professionally. However, it is essential to use social media responsibly to avoid negative consequences. By following the above tips, dental students can enjoy social media while building their profiles and careers. If you have any uncertainties about managing your social media appropriately, we have many handy resources on our website, plus 24/7 dento-legal advice should you need it.

Want to know more? Get in touch with the Dental Defence Society today.

Navigating IRMER 2017 and What You Need to Know in 2023

Dec 20, 2023

Introduction:

Radiation exposure is a significant concern during medical and dental treatments, with computed tomography (CT) scans and X-rays being major contributors. In fact, evidence suggests that a single CT scan or X-ray accounts for 16% of the average annual radiation dose in the UK. To protect patients and avoid litigation, medical and dental professionals must ensure that the benefits of these procedures outweigh the risks. Fortunately, the introduction of IRMER 2017 guidelines has improved patient care and safety. In this article, we will provide an overview of IRMER 2017 and discuss important updates in 2023 to help you protect your patients and avoid legal issues.

IRMER 2017 – An Overview:

IRMER, the Ionising Radiation (Medical Exposure) Regulations, was implemented in 2017 to regulate the use of radiation in medical treatments, including CT scanning and X-rays. It replaced the previous Ionising Radiations Regulations (IRR) of 1999, derived from the European Council’s Medical Exposures Directive under Section 15 of the Health And Safety At Work Act of 1974. The regulations cover various aspects, such as optimal radiation doses, equipment quality assurance, and radiation safety training. According to IRMER 2017, employers are directly responsible for implementing these regulations. They must adhere to the following points:

1. Notifying HSE

Under IRMER 2017, employers need to notify the Health and Safety Executive (HSE) of any changes in their radiation operations. Dental radiography falls into the “intermediate risk” category, requiring employers to register with the HSE and pay a one-off fee. This registration applies to all clinics owned by the employer.

 Medical Physics Expert (MPE)

Every medical and dental establishment must have access to a Medical Physics Expert (MPE). The MPE is appointed by the clinic and serves as a point of contact for advising clinicians on radiation protection and equipment performance. They play a crucial role in ensuring compliance with IRMER 2017 regulations.

 Optimisation of Protection

Efforts should be made to minimise patient radiation exposure while achieving the desired diagnostic or therapeutic outcomes. This involves selecting appropriate imaging techniques and protocols. Patients must be informed of potential risks, provide written consent, and all doses must be recorded.

4. Justification

Medical exposure involving ionising radiation should only be performed when clinically necessary for the patient’s diagnosis and treatment.

5. Equipment and Quality Assurance

Radiology equipment and radiation therapy devices must meet specific quality standards. Regular calibration, testing, and maintenance should be conducted and documented.

6. Training and Education

All individuals involved in the use of ionising radiation must receive appropriate training and education to ensure competency in radiation safety. This includes radiologists, radiographers, and dental professionals.

IRMER 2017 Update in 2023

As of April 19, 2023, the Care Quality Commission (CQC) updated information related to clinically significant, accidental, or unintended exposures (CSAUE). In the case of unintended or accidental radiation exposure deemed clinically significant, providers must thoroughly investigate the incident and report their findings to the UK IRMER enforcing authority. Failure to comply may result in enforcement actions against the provider. This update aims to address concerns about regulatory compliance and promote incident reporting.

So why is this update necessary?

Investigations previously carried out by the CQC found some key concerns around regulation compliance. For example, in the year ending 2022, the CQC reported 611 statutory notifications of significant accidental and unintended radiation exposures. These notifications were up from 499 in 2021.

Common errors included:

• Patients receiving scans intended for other patients
• General operating errors
• Inadequate or incorrect preparation
• Inadequate training leading to radiation overexposure and
• Poor or faulty equipment.

The CQC hopes to bring these figures down by ensuring that the correct training and education protocols are in place. But more importantly, when something goes wrong, all incidents must be investigated, documented and reported in a timely manner.

Finally, the relevant duty of candour for accidental or unintended exposures should also be considered.

Key Takeaway – IRMER 2017 Guidelines

IRMER provides a crucial framework to protect patients and operators during ionising radiation administration. The recent updates emphasise thorough investigation and reporting of clinically significant incidents. Compliance with these guidelines is essential for safeguarding employers, staff, and ensuring optimal patient care.

If you have any questions about your legal responsibilities surrounding IRMER, talk to our Dental Defence Society team. In addition to providing tailored indemnity packages, we have a knowledgeable dento-legal team who can help you navigate the pitfalls of ionising radiation. We’re here to help, so get in touch today.