Dentists are now twice likely to be sued than they were 10 years ago according to figures from Dental Protection. This is despite reports from the Care Quality Commission that dental patients are at lower risk than those being seen by any of the health provider.
Expert witnesses, however, now operate in a regulatory and legal environment. It is much more onerous than it was 10 years ago. Not only can any participant in the court case or indeed an outside observer refer an expert witness to the relevant professional regulator but litigators themselves can also sue their own expert for damages if they think the expert is being negligent. So there is a serious professional risk.
This is why many experts have now closed their books or do not take on this type of work anymore especially the complex negligence work.
Figures from Dental Protection show:
- 90% of dental members are increasingly fearful of being sued
- 80% of dental members found the fear of being sued impacted on their confidence in how they deal with patients
- 78% felt the fear being sued is causing stress or anxiety
- 68% of dental members felt the fear of being sued has made them considerate to their profession
Dentists face an ethical imperative to promote what is best to the patients and this beneficial approach to care is balanced with a desire to avoid harm if possible.
There are also other factors that drive dental decisions. One of which is the payment system. In the UK, the NHS payment system primarily revolves around activity payments (either fee per item or units of dental activity). The current remuneration scheme (units of dental activity) in Health Service Practice in England & Wales impacts the daily decisions that dentists make. Quite simply, if your payment mechanism encourages prevention, then prevention will be provided. On the other hand, if your payment approach encourages restorations or extractions, then restorations or extractions will take place.