Competition Winner

Congratulations to Kim White from Bunbartha VIC who won a 1981 bottle of Penfolds Grange at the Australian Dental Congress held in Brisbane from 30 March – 3 April 2011.

Importation of Dental Appliances and Equipment

Paul Baker and Lauren Stalley of Meridian Lawyers, on behalf of Guild Insurance, analyse and discuss the legal issues flowing from the use of dental appliances and equipment imported from overseas by practitioners on their patients in Australia. 

This article will address issues touching on this situation in the context of the legislative requirements, related duty of care aspects, and professional indemnity insurance considerations. 

Read more: Importation of Dental Appliances and Equipment

Do I need my own cover?

Is professional indemnity (PI) insurance cover best held by the employer or the individual practitioner?

Guild Insurance provides cover on an individual practitioner basis as we view this as the best way for dentists to meet their PI insurance requirements.
The new PI insurance standard of national registration requires that registered dentists maintain insurance at all times when practising. To meet this standard, dentists need to consider having their own PI insurance in cases where they practice outside their employment.

A distinct advantage of having cover on an individual basis is that it is portable and covers a dentist in a broad range of circumstances where they may not be covered under their employer’s policy but could still be liable, including when working in multiple practices.

While it is possible under national registration to be covered under a group policy, this cover may not provide the best protection for the individual practitioner.
There are circumstances where the ‘law of vicarious liability’ may not protect practitioners in the employ of others. For example, if you are deemed to be acting outside of the scope of your position of employment.

A broad defence mounted by your employer may also not safeguard your specific professional interests. With your own insurance, you can be sure that your best interests, rather than your employer’s, are being defended. 

Consider also that some of these policies may not provide cover for legal expenses associated with inquiries and proceedings. Facing a disciplinary inquiry can be stressful and potentially expensive. When a regulatory body makes a decision against a practitioner, the likelihood of a civil suit also increases. This is why Guild provides dentists with cover for legal support to aid their defence in disciplinary matters.

Combined Liabilities

Public liability claims may also be made against the individual practitioner or the employer. That is why Guild provides a combined liabilities cover to offer peace of mind. For dentists insured with Guild, products liability, public liability and professional indemnity are all covered under the one policy.

Am I covered if I…?

At Guild we often receive questions about whether we cover ‘this’ or ‘that’. It is difficult though to make assumptions as each claim has its own specific set of circumstances.

Guild provides cover for the full scope of dental practice that you are qualified and registered to perform. The best advice we can give is stay within the regulations and your qualifications and have peace of mind that you are covered.

For more information contact Guild Insurance.
 

Many roads to recovery – take the fast one

Severe weather incidents have wreaked havoc across Australia already this year. Hail the size of golf balls, tropical cyclones and storm water have caused significant damage and costs for businesses in affected areas. It provides a timely reminder of how adverse events can affect anyone and the need for the right protection.

Read more: Many roads to recovery – take the fast one