Dental review
I would like to begin this year’s DDU report with a tribute to
the figures we have provided include considerable detail about
the MDU’s recently retired Chief Executive, Dr Michael
dental costs, making it very clear that claimants’ costs are
Saunders, for his role in establishing the Dental Defence Union.
indeed disproportionate. We do not believe this is fair in a
Dr Saunders was instrumental 16 years ago in setting up the
legal system that is supposed to promote equal access to justice
DDU as a specialist division, underpinned by a ‘dentists for
and hope that the review’s recommendations in December
dentists’ philosophy, to provide dento-legal advice and
reflect these concerns.
assistance to our dental members. If you are not familiar with
all our services you might ask what this means to you.
On the advisory side, the plans for and the introduction of the
new, combined health and social care complaints procedure
It means our dedicated DDU team has grown considerably
occupied the early part of 2009. We made sure we were kept
since 1993, reflecting members’ increasing need for specialist
informed about the shape of the new procedure and were the
advice and assistance. There are now eight dento-legal advisers
first dental defence organisation to provide members with a
and, to give you an example of the level of our service, during
comprehensive guide. It is not long since the changes were
2008 98% of members calling our advice line were connected
introduced on 1 April 2009, but already we are seeing a rise in
to a dento-legal adviser straightaway. We were very pleased
complaints and an increase in members seeking advice, not
with that, but of course won’t rest there. We don’t think any
least because NHS providers now have new responsibilities in
member should be kept waiting and, as I write, so far in 2009
terms of monitoring and reporting on complaints. The
we have achieved 99% of advice calls taken straightaway, and
emphasis of the new two-stage procedure is local resolution,
we aim to keep it that high or higher for the rest of the year.
and so we are encouraging members to comply closely with
the regulations that require not only careful planning of
Our in-house legal department have a dedicated dental team
investigations and responses, but also proof for complainants
of solicitors who represent members mainly with claims for
that, if appropriate, lessons have been learned and changes
compensation and GDC complaints. Our claims department
made. In respect of mixed NHS and private courses of
also has a specialist dental unit, with a mix of dental and
treatment, one of the new procedure’s unfortunate
insurance expertise dedicated to handling only dental claims so
side-effects, is that complainants who remain dissatisfied will,
they are extremely, and we hope reassuringly, expert at it.
at the second stage, have to complain to the Ombudsman
They also ensure that, with your interests in mind and the need
about the NHS aspects of treatment and to the Dental
to keep subscriptions as low as possible, if a claim cannot be
Complaints Service in respect of the private elements. This
defended successfully it is settled for a sum that is as low as
makes it all the more important for members to avoid this by
fairness to the claimant will allow.
resolving such complaints promptly at the first stage. The
There is also strong dental representation on the MDU Council
DDU’s team of dento-legal advisers, who have unrivalled
and Board. The six members of the Dental Advisory Committee
experience, are here to help in whatever way they can.
(DAC) also sit on the MDU’s Council, and the Chairman of the
Assisting members with GDC complaints is an increasingly
DAC sits on the MDU’s Board of Management. Our DAC
significant part of DDU’s advisory and legal departments’ work.
members are an extremely valuable asset, both in providing
Every dental professional dreads a letter from the GDC but, if it
expert advice on cases, and in helping those of us not in clinical
does happen, members need to know they can rely on the
practice to keep firmly in touch with our members’ needs and
DDU to provide the best defence. We are very proud of our
responsive to major changes in dentistry. And of course, most
success in ensuring the majority of members’ cases proceed no
important for a membership organisation, we encourage input
further than the Investigating Committee. In 2008, only 8.75%
from members through, for example, satisfaction surveys to
of GDC cases where members were represented by solicitors
help us ensure we deliver the services you need.
from the in-house legal department were referred to a GDC
I hope you will agree that the DDU has a strong dental team
Practice Committee for full hearing (usually in public),
working on your behalf. With continuing and robust support
compared to a national figure of 19.6%.
from our new Chief Executive, Dr Christine Tomkins, we remain
The GDC has embarked on various consultations and
totally committed to focusing on the needs of the whole
developments that may have a profound effect on some or all
dental team and to providing members with the best possible
dental professionals. The GDC’s role is primarily to protect the
dento-legal services.
public, and it has recently undertaken a consultation on
I will move on to describe in more detail the core services we
implant dentistry which includes a suggestion that only those
provide for members, but begin with a catch up on the
on an implant specialist list should be allowed to provide
position in respect of claims costs. The Annual Report last year
implants. This would represent a major change, because
explained our concerns at the disproportion, in many cases, of
currently specialist lists are considered descriptive, rather than
claimants’ legal costs compared to the actual compensation
restrictive, and there is no requirement for dentists undertaking
paid to patients on behalf of members. I explained how the
certain treatments to be included on the relevant specialist list.
problem is particularly acute in the dental sector and that we
It may be that in future an increasing number of DDU
were making representations in a number of ways. I am
members will have to be on the appropriate specialist list in
pleased to report that the Ministry of Justice has listened to
order to practise in their chosen field.
concern voiced by defendants’ organisations and, at the end of
Allied to these potential changes is the continuing development
2008, Lord Justice Jackson was appointed to undertake a
of the GDC’s new revalidation requirements, building on the
review of ‘the rules and principles governing the costs of civil
existing recertification scheme. We have been working closely
litigation and to make recommendations in order to promote
with the GDC on behalf of members and pilot revalidation
access to justice at proportionate cost.’ To underpin our
schemes are already completed and being evaluated. The final
submission to the review, we instructed a cost accountant and
programme may not be too onerous though for dentists, who
have been required to undertake mandatory continuing
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