DDU raises concerns over delays to GDC reform

The Dental Defence Union (DDU) says it is disappointed and frustrated by the news that the government is to once again delay long-promised plans to reform healthcare regulators. The government has announced legislation to reshape the General Medical Council (GMC) which had been expected this year, will not take place until 2024/25. This in turn means reforms to the General Dental Council (GDC) will be even further delayed.

The DDU’s parent company, the Medical Defence Union (MDU) has coordinated a letter to the Secretary of State for Health and Social Care, Steve Barclay MP, which is signed by representatives of doctors’ trade unions and medical royal colleges. It calls on the government to reconsider the timetable for reform to avoid a broken promise.

Read the full letter here.

John Makin, Head of the DDU, said: “The news that the government has shelved long awaited reforms of the healthcare regulators until 2024/25 at the earliest is disappointing, frustrating and surprising. Dental professionals across the UK have waited a long time to see their regulator reformed. It is a promise that must be honoured.

“A fitness to practise process is one of the most stressful experiences a dental professional can undergo in their career, and current legislation is crying out for change.

“Colleagues deserve a fitness to practise process that is modern, proportionate, timely and above all, fair. Currently, the GDC is operating under outdated legislation that disadvantages the profession, patients and the GDC itself.

“We all stand ready to work with the Department of Health and Social Care over the coming months to ensure the legislation can be published by the end of the year.

“It is time to move forward and deliver an up-to date regulatory system. Regulation needs to deliver for dental professionals, so they can deliver for patients.”

Deliver achievable clinical negligence reform without delay, says DDU

Today the House of Commons Health and Social Care Select Committee has published the report of its inquiry into NHS litigation reform. The Dental Defence Union (DDU) engaged closely with this inquiry, submitting written evidence.

The DDU welcomes the publication of today’s report but cautioned against too much focus on fundamental and complex structural change, at the expense of reforms which could be implemented with greater speed.

John Makin, head of the DDU, said: “The cost of clinical negligence is unsustainable. At a time when the NHS needs those funds more than ever, to recover from the Covid-19 pandemic, reform can no longer be delayed.

“The DDU has long championed a number of changes that would go some way to addressing the problem. It is heartening to see the attention parliamentarians are paying to this important issue. Something we have been calling for repeatedly, is the repeal of Section 2(4) of the Law Reform (Personal Injuries) Act 1948. This outdated law requires the courts to disregard the existence of NHS care when determining compensation awards. This provision should have been repealed decades ago, and we are pleased to see the Committee agrees with us and is recommending the government repeals it without further delay.

“We have considerable reservations about the central recommendation of the Committee. The proposal to remove the need to prove clinical negligence following an adverse event in the NHS, and instead establish an administrative body to determine whether the harm was avoidable – would represent a seismic change from the current legal position. The Committee’s report rightly notes that designing a scheme of this nature and establishing the criteria would be a complex task and we have significant concerns about the affordability of such a scheme. Nevertheless, we would welcome the opportunity to input on, and scrutinise, any such proposals.

“The time to address the cost of clinical negligence is now. We urge the government and Parliament to maintain a focus on reforms that we know could be delivered at pace, rather than being absorbed on the immensely complex task of designing a new scheme from scratch. We call on the government to publish its long-promised proposals on tort reform without further delay. These should include reforms to how compensation awards are calculated, caps on the level of damages awarded for future care, and damages for loss of earnings being brought down to proportionate levels.”

The DDU and Armstrong Watson LLP partner to provide tax, accountancy and business advisory services

The Dental Defence Union (DDU) has launched a new partnership with accountancy firm Armstrong Watson LLP to provide DDU members with access to tax, accountancy and business advisory services. 

As part of the collaboration, DDU members will receive access to a free, dedicated telephone advice line to discuss financial matters as well as a preferential rate for Armstrong Watson’s services.

Armstrong Watson LLP looks after a large portfolio of healthcare clients across primary and secondary care as well as within private settings. Its specialist healthcare team will provide DDU members with guidance and advice on a wide range of business and financial services including annual accounts, tax returns, tax planning and compliance.  

Dr Hugh Stewart, Professional Services Director at the Medical Defence Union, the parent company of the DDU, commented: “We are delighted to partner with Armstrong Watson to offer our members this new service. Our members work under great pressure and the DDU wants to support them in as many ways as possible. It’s reassuring to know that our dental members now have access to an enhanced tax and accountancy service, provided by specialists in the healthcare field, on preferential terms.”  

Morag Miller

Morag Miller, Accounting Partner and Head of Healthcare at Armstrong Watson LLP added: “We are pleased to offer our expertise as an added benefit to DDU members.

The sector has faced unprecedented challenges throughout the pandemic and we’ve done all we can to support our clients along the way. We’re happy to help in any way we can to ensure dentists can focus on caring for their patients, whilst knowing their tax and accounting affairs are in order.

“Working with the DDU is a really exciting opportunity and a chance for our brilliant team to share their sector-specific financial knowledge and expertise.”

To learn more about the partnership between the DDU and Armstrong Watson LLP click here.

Royal recognition for DDU’s employee training programme

The excellence of the Dental Defence Union’s employee training has been recognised by HRH the Princess Royal. City and Guilds group has awarded the Medical Defence Union (MDU), the parent organisation of the Dental Defence Union (DDU), with a Princess Royal Training award for its membership development training.

The not for profit, mutual organisation previously won the award in 2018 and is the first and only dental defence organisation to hold the award.  

Commenting on the achievement, John Makin, head of the DDU, said: “We are absolutely thrilled that our training programme has been recognised with the Princess Royal Training (PRTA) award. We are one of only 46 organisations who received awards and are the only dental defence organisation to be given this accolade.

“It’s vital that our team acquire the right levels of knowledge and competency to ensure members receive an efficient and quality service. This is the foundation of all that we do and underlines our member focused ethos.”

Craig Johnson, MDU membership learning and development manager said: “I am extremely proud of everyone in our membership services team and am delighted that we have won an award in recognition of their ongoing learning and development.

“Throughout the pandemic, when delivering an efficient service was paramount, our team answered more than 116,000 calls with over 83% answered within 20 seconds. In addition, we answered 100% of the 107,000 items of member correspondence within five days of receipt. Our induction programme, ongoing coaching and skills development path facilitate high levels of knowledge and skill, meaning many of our team develop long term careers across the organisation.”

Kirstie Donnelly MBE, Chief Executive of the City & Guilds Group said:  “The last 18 months have caused disruption to the way most organisations operate which has led to major changes for all of us in how we live and work. Despite these challenges, it’s fantastic to see so many organisations’ continued commitment to training and development as well as the positive and life changing impact learning can have on people.”   

Find out more at www.princessroyaltrainingawards.com.

DDU reveals over 99% of requests for help with dento-legal cases are supported

Leading not for profit indemnifier, the Dental Defence Union (DDU) revealed today that almost all the requests it receives from its dental professional members for help with dento-legal issues are supported. The DDU provides full assistance, which can include legal defence and claims indemnity, in over 99.5% of cases.

The DDU released the figures as its parent company, the Medical Defence Union (MDU) published its annual report for 2020. The report shows the benefit of mutual defence organisation membership for dental professionals at a time of rapidly evolving dento-legal need.

Dr Christine Tomkins

Dr Christine Tomkins, MDU chief executive said: “At a time of so much change and upheaval for dental professionals, it is crucial they can rely on us for support when they need it. As we explain in our annual report, our team of expert advisers, who are dentists and doctors themselves, assisted with over 35,000 requests for assistance or advice from our members in 2020. We exist to provide support with issues such as complaints, GDC investigations and disciplinary matters and demand for our services is currently at record levels.

“Against this climate, it is reassuring for members to know that, over the last five years, we have assisted with over 99.5% of requests for our help. Our member guide clearly sets out the many areas in which we can support members.

“Our discretion to assist with cases gives us the flexibility to respond to members’ changing circumstances. It also sets us apart from insured indemnity providers as our benefits are provided on an occurrence basis with no policy exclusions or set financial limits. We are proud of our unrivalled support for members and detail some of the heartfelt thanks we have received in the report.”

John Makin

John Makin, Head of the DDU commented: “Every member’s experience of this most unpredictable time has been unique and their dedication to patient care has been unwavering. It is more important than ever that dental professionals know they can turn to us for consistent and tailored advice and support. As a not-for-profit organisation owned by dental professionals, doctors and allied healthcare professionals, we will be there to guide, support and defend members at every stage. This is the case irrespective of how they have chosen to interpret and apply the recently ever-changing guidance.”

Results highlighted in the MDU’s annual report for 2020 include:

  • 82% of GDC cases involving DDU members at the case examiner stage were resolved without referral to a hearing.
  • Of cases referred to a GDC Professional Conduct Committee hearing 82% were concluded without a finding of impairment.
  • 56% of dental claims brought against members were successfully defended.
  • 98% of calls to our dento-legal advisers during working hours were answered within 20 seconds. The average speed of answering was 11 seconds.

Give GDC powers to reform fitness to practise says DDU

The Dental Defence Union (DDU) says reform of the healthcare regulators should include giving the GDC powers to set up a separate and independent tribunal to decide whether dental professionals are fit to practise.

Responding to the government consultation on regulating professionals and protecting the public, the DDU said that there is much to applaud in the proposals aimed at modernising and streamlining fitness to practise procedures and that it offers an opportunity for the GDC to instigate widespread reforms of fitness to practise regulation.

John Makin, head of the DDU, explained: “The welcome intention behind these proposals is to give healthcare regulators greater flexibility, particularly in the management of fitness to practise procedures. At the moment the GDC performs both the role of investigator and adjudicator of complaints. We believe the regulator should be given the powers to establish a separate, independent body, to decide whether a registrant is fit to practise, akin to how the GMC operates with the Medical Practitioners Tribunal Service (MPTS).

“This would help to ensure the GDC is at arm’s length from decisions about whether a dental professional is fit to practise, which would go some way to reassuring dental professionals about the objectivity of the process.

“In addition, unlike the GMC which does not ordinarily investigate complaints that date back more than five years, the GDC can do so. This means dental professionals can be subjected to fitness to practise proceedings for historic complaints at great human and financial cost. The government is suggesting that this five-year rule is scrapped for healthcare regulators like the GMC, which have this safeguard in place. Instead, we believe it is imperative that such safeguards are retained and expanded to include GDC cases.  

“This is a great opportunity for the GDC to become a more responsive and flexible regulator. We hope the government and GDC seize the considerable opportunities presented in the consultation for much needed reform.”

DDU adds vicarious liability indemnity for practice principal and corporate members

The Dental Defence Union (DDU) has announced that principal and corporate members can now access assistance with vicarious liability claims. This has been included from 1st June and means that existing members (including retired members) can now seek DDU assistance in relation to clinical negligence claims made against them in respect of care provided by a dental professional for whom it is alleged they are vicariously liable.

This additional indemnity is being provided automatically at no additional cost for current members and will also be included for prospective members who join after 1st June 2021. Existing members do not need to take any action to receive the new aspect of membership.

This new indemnity benefit applies to new claims notified after 1st June but can include claims arising from clinical treatment provided at any time in the past when a principal or corporate body was in benefit of DDU membership.

John Makin, head of the DDU said:

“Many DDU members have been concerned following the outcome of a recent county court judgement in which it was found that the dental practice owner could be held vicariously liable for the clinical practice of an associate working at their practice.

“At the DDU, we understand and share these concerns and as part of our commitment to support, guide and defend our members we are constantly looking to ensure our products and services meet members’ needs and keep pace with current developments. Consequently, we are delighted to be able to include indemnity for vicarious clinical negligence claims as a standard benefit of DDU membership.

“I should stress the need for all treating dentists to have their own indemnity in place – indeed it is a regulatory requirement that they do so. In almost all cases where a clinical negligence claim is pursued against a practice owner vicariously, we still expect the indemnity of the treating dentist to respond but this new ‘belt and braces’ indemnity for our dental principal and corporate members who employ or contract with other dentists will provide additional peace of mind.

“We will be writing to all of our principal dentists and corporate members with details of this important change in member benefits.” 

For further information on vicarious liability please visit: https://www.theddu.com/my-membership/member-guide

New chief executive at DDU vows continued support for members in challenging times

The Medical Defence Union (MDU), the parent company of the Dental Defence Union (DDU), today announced that it has appointed Dr Matthew Lee as its new chief executive. Dr Lee will take over from Dr Christine Tomkins, who is retiring in September after a long career supporting members. Dr Tomkins has been in the role since 2009 and worked for the company for more than 36 years.

Dr Lee is currently director of professional services at the DDU, with responsibility for key services members rely on including 24-hour dento-legal advisory support, claims handling, legal services and clinical risk management. Dr Lee joined the organisation in 2000 from a background in paediatrics and anaesthetics in the Wessex region. He initially worked for the company as a medico-legal adviser and clinical risk manager before taking on broader management responsibilities.

Dr Lee commented: “It’s a great privilege to be appointed to this role and I look forward to taking over Christine’s work of championing the dento-legal interests of our members.

“During the pandemic, our members have been under tremendous pressure and we know that many challenges lie ahead such as supporting them with increasing numbers of complaints and claims. In the 20 years since I joined the company I have watched it grow and modernise while retaining an absolute focus on member needs. Over the next few years I aim to build on that success, ensuring that our services are not just of the highest quality but also constantly evolving to meet the changing realities of modern dental practice.

“We aim to broaden the range of benefits and services we provide in line with being a not-for-profit, wholly member-owned company that exists for no other reason than to support, guide and defend our members in their everyday work. I am delighted to have the opportunity to take on this exciting and challenging role and look forward to leading us from strength to strength.”

John Makin, head of the DDU said: “We are proud to continue our long tradition of being the only UK medical defence organisation with a clinician at the helm. Being a mutual, dentists for dentists organisation, Matt’s appointment is a welcome one, ensuring we continue to put members at the heart of everything we do.”

Dr Christine Tomkins added: “I’m delighted Matt will be taking over from me later this year. He has great depth and breadth of experience and a deep understanding of our work and our commitment to members. I am confident he will ensure continuing success in the years ahead.”   

DDU appoints new commercial director as digital services grow

The Medical Defence Union (MDU), the parent company of the Dental Defence Union (DDU), has appointed Andrew Archibald to the role of commercial director.

Andrew and team are responsible for leading the development and growth of the DDU’s products and services to 200,000 dental and medical members. Having worked in a range of industries including insurance, healthcare and hospitality, Andrew has extensive experience of helping organisations develop and improve their digital services and customer experience.

The DDU has seen increasing demand for its online educational and dento-legal content, which has been freely available to healthcare professionals during the pandemic. Over 48,000 healthcare professionals have attended virtual webinars and educational seminars on topics such as dento-legal challenges of working in the pandemic and remote consultations and website visitors have increased by 28% over the past year.

Andrew commented: “I am proud to join a company with such strong values as a not-for-profit mutual organisation focussed on members. I was attracted here by the DDU’s commitment to providing high quality dento-legal services. In this challenging period it’s a privilege to be in a position to serve and support our members and help them navigate unchartered waters.

“I am pleased to work with such an experienced team and look forward to continuing the successful development of our digital services for members.”

John Makin, head of the DDU, said: “Andrew joins us at a time when member satisfaction is at a record high and membership numbers are growing. We know dentistry is under extreme pressure and understand how vital it is that we support members with the challenges that lie ahead, such as increased complaints and claims. I warmly welcome Andrew to the team and am confident his experience of working for customer-focussed organisations will benefit our members.”

Andrew Archibald

Prior to joining the organisation Andrew worked in senior commercial, marketing and operational roles across a diverse range of industries, including insurance, healthcare and hospitality. Andrew began his career in the NHS as a management trainee and is a Non-Executive Director for Ashgate Hospice, in Derbyshire. Andrew succeeds Nick Dungay who led the department for 21 years and recently retired.

DDU successfully defends dentist in court against legal claim

A dentist who faced a very stressful clinical negligence claim after carrying out root canal treatment, has been successfully defended in court by the Dental Defence Union (DDU).

It was alleged that the DDU member, who was an experienced dentist, did not perform an adequate root canal treatment and provided an ill-fitting crown. However the judge agreed with the expert instructed by the DDU who, supporting the member’s actions, concluded that the treatment was carried out to a reasonable standard. The claim was won at trial as a result.

The claimant, who was represented by Dental Law Partnership, was seeking £18,000 in compensation and legal costs. However, with the dentist’s reputation on the line, the case was about much more than financial consequences as John Makin, head of the DDU, explains:

“Our dentists for dentists’ ethos means we understand the need to support the reputation of individual members and the wider profession. In this case, it may have been more economical to settle the claim out of court because of the legal fees involved in a trial. However, our experienced claims handlers were confident of mounting a robust defence of the members’ actions all the way to court and this approach proved justified.”

The dentist commented: “It was a very arduous time however throughout the process, the DDU team were very helpful and hard working. The court case lasted three days and the experience was like being on a rollercoaster with ups and downs. Hopefully this result will reduce the likelihood of claims and the resulting stress that we as dentists experience even when we have carried out treatment within best practice and to the best of our abilities. Thank you to the DDU for standing by me.”

John Makin concluded: “Despite the positive outcome for our member, it cannot be overlooked that the claim took more than two years to reach a conclusion and this was undoubtedly stressful for those involved. In addition, the legal costs, which were met by the DDU, were substantial.

“The DDU successfully defended almost 60% of dental claims over a recent 12 month period, and it is unusual for a case to reach a court hearing. Our role is to relieve the burden for our members, acting in their best interests and safeguarding professional reputations. We do not settle claims for the sake of expediency and put our members at the heart of decisions about how their case is managed.” 

* Maxwell v Valliani and ANOR. County Court (Manchester) [2021]