Vicarious Liability FAQs

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What is vicarious liability?

Vicarious liability is the legal responsibility for another person's or party’s actions. In Ireland, dental practice owners can be held financially accountable for the negligence of the clinicians and associates they employ directly or as independent contractors.
Vicarious liability claims thus focus on the relationship between the practice owner and the treating clinician.
What is non-delegable duty of care?

Where the practice owner is assumed to have a personal responsibility to the patient, the duty for the safety of that patient remains with the practice owner regardless of whether clinicians, undertaking work for or on behalf of the practice, may have carried out their treatment.
Non-delegable duty of care claims focus on the practice owner’s relationship with the patient.
Why has protection against vicarious liability and non-delegable duty of care claims not been available before?

Historically, we haven’t seen a significant issue with claims being pursued through vicarious liability in Ireland. In the small number of cases that have arisen our approach to redirecting claims to the treating clinician has on the whole been successful. More recently, members have shared their concerns about the risk of a claim being settled against them and that they would appreciate the added peace of mind of protection against vicarious liability claims. Dental Protection listened to member feedback and are happy to be able to offer this additional protection now.
How far back does Dental Protection’s vicarious liability and non-delegable duty of care protection extend?

Protection against claims of vicarious liability and non-delegable duty of care is available for any incident which occurs on or after 3^rd May 2023. Where cases involve incidents arising prior to 3 May 2023, assistance can be requested from Dental Protection to redirect the claim to the treating clinician in the way that has been provided previously.
Will my subscription increase because of this?

As long as you have not incorporated your practice(s)* and where all clinicians working at the practice are also Dental Protection members, the additional layer of protection is being provided to your membership automatically at no additional charge.
If there are any clinicians working at the practice who are not members of Dental Protection, you would need to apply for additional protection which would incur a supplementary charge. Please complete the form here for a quote.
*The additional protection does not apply if the practice has been incorporated e.g. where the practice is operated as a limited company
What are the eligibility requirements?
The additional protection is available for existing and future Practice Principal members of non-incorporated practices where all the clinicians are Dental Protection members. To be eligible the Practice Principal must:
- ensure all dentists and Auxiliary Dental Workers (AWDs), such as hygienists, clinical dental technicians, and orthodontic therapists working in their practice, are registered with the IDC and have appropriate indemnity arrangements in place.
- ensure that contracts with ADWs and dentists include the requirement for them to hold appropriate indemnity arrangements and indemnify the principal for any losses arising out of breach of clinical care.
- make and retain a record of the indemnity arrangements of all contracted dentists and ADWs who work or have worked in their practice.
- take all reasonable steps to ensure that all dentists and ADWs have appropriate indemnity arrangements in place throughout the time they work for the practice(s) and provide Dental Protection with any evidence to support this if requested.
- ensure they retain contact details for dentists and ADWs who leave the practice and co-operate fully in tracing the treating clinician.
- ensure that the associate or ADW works within the remit of their contract / agreement with the practice for Dental Protection to assist.
- Ensure their membership includes Practice Principal work. If unsure members can access their membership details on my MPS
Where clinicians working at the practice are not Dental Protection members, vicarious liability and NDDC protection will not be available unless applied for and accepted by Dental Protection. You can apply for vicarious liability protection using the online form available here.
What if my associate or contracted auxiliary dental worker (hygienists, clinical dental technicians, and orthodontic therapists) is not a Dental Protection member?

Protection against vicarious liability and NDDC claims will not automatically be available from 3^rd May 2023. Practice Principal members of non-incorporated practices, who require this protection, will need to apply for this additional protection using the online form here. An additional fee will apply.
I am a dental practice principal member. Am I protected against a vicarious liability claim relating to the actions of an associate who works in my practice?

As of 3 May 2023, Dental Protection membership benefits are extended to include additional protection for practice principals, where all eligible clinical staff are Dental Protection members, and where they are the subject of claims alleging vicarious liability for the actions of associates and other contracted dental care professionals (DCPs) and/or a non-delegable duty of care for patients attending the practice.

This extension is automatic and at no additional charge.

However, if there are any clinicians working at the practice who are not members of Dental Protection, the practice principal would need to apply for this additional protection using the online form here. An additional fee will apply.

We will continue to challenge cases that are pursued against practice principals alleging vicarious liability and/or a non-delegable duty of care and, in the first instance, will look to redirect the claim to the treating clinicians. The additional protection in place from 3 May 2023 extends to include assistance in the event it is not possible to redirect the claims and the principal is held vicariously liable for the actions of the associates or other contracted healthcare professionals. This assistance extends to include the cost of defending claims, as well as paying damages where the practice principal is found liable and where these cannot be recovered from the treating associate clinicians.