Dental Practices be prepared – Cases of Non-Delegable Duty are on the Rise.
The recent spate of legal claims by patients against dental practices, as opposed to individual dentists, heralds a change in approach by the law firms that typically represent disgruntled patients, seeking compensation. The High Court handed down a judgement yesterday in the case of Hughes v Rattan. This case confirmed that a dental practice owed an independent, non-delegable duty of care...Read More
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Menopause; Guidance for employers
The menopause: despite it affecting half of our population at some point in their lives it is rarely talked about, especially in the work place. However, for 1 in 4 women the effects of the menopause can be debilitating at times. As an employer, you have various duties including making adjustments for those with a disability and adhering to health and safety legislation. Given the issues...Read More
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Business Interruption Insurance and Infectious Disease Clauses
In January 2021 the Supreme Court’s judgment in respect of business interruption insurance was a lifeline to many business across the country. However, as part of those test cases, the court was not asked to consider clauses where infectious diseases were defined. This left many still having to battle with insurers for a pay-out. A recent decision in the High Court has clarified the...Read More
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When is a practice owner liable for the acts of its associates?
On 19th April 2021 Cardiff county court handed down its decision in Breakingbury v Croad. The dental community was naturally concerned about how this case would affect them, and in particular whether it would affect the employment status of associates. This case has not changed the legal parameters in which you work in any way. However, the recent Uber decision might have. In...Read More
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Can Dental Practices Enforce Mandatory Covid Vaccinations for their staff?
Dental practices and all the staff that work in them are eligible for early vaccination under the Government’s Covid-19 vaccination programme. The question now arises, what can practices do if members of their team decline to take the vaccine? As dental practices owe a duty of care to both their patients and their members of staff, it is now necessary for practice principals...Read More
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NHS ASSOCIATE PAY DURING THE CORONAVIRUS PANDEMIC
We note the BDA’s recent advice entitled; “Associate pay in England during pandemic”, which states as follows: “Legal advice on whether Associates may have a direct claim We have sought legal advice as to whether associates may have a direct claim against practice owners. The short answer is that associates are unlikely to have a claim directly against practice owners in respect of NHS...Read More
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The CQC – unanswered questions and misinformation
In the past week the CQC appear to have been on something of a charm offensive. We’ve seen John Milne, Senior National Professional Advisor, taking part in webinars on Facebook and meeting with the newly formed ‘British Association of Private Dentists’ (BAPD). The CQC’s published analysis of a meeting that took place on the 19th June 2020 between the CQC and the BAPD is interesting to...Read More
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Business Interruption Insurance: FCA announce test cases to proceed
On 1st June 2020 the Financial Conduct Authority (FCA) announced that it would be pursuing test cases against 17 different insurers in relation to the interpretation of the their business interruption insurance policy wording. These 17 insurers have agreed to take part in the test cases and an agreement has been signed between the insurers and the FCA as to the conduct of the case....Read More
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Are Dentists Returning to Work?
If the CQC aren’t stopping dentists, why are Insurers saying no? “The decision to offer dental care services is one for the provider to take.” This is the CQC’s “current position”. However, they are still “encouraging” practitioners to give “proper consideration” to the CDO’s Letters of Preparedness, without giving any indication as to what “proper consideration” actually means. The...Read More
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CQC Legal Challenge; the fight is on
Sent to our mailing list on 19th May 2020. Yesterday was a very eventful day. The CrowdJustice fund raising page went live at 17:30hrs and by 09:00hrs this morning, had already reached £8,130 from 94 pledges; a clear indication of the strength of feeling in the profession.The page to donate is here. The profession needs your support to take this important case forward. The initial target was...Read More
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