The Dental Defence Union (DDU) has written to members explaining that it will be reverting to a traditional discretionary occurrence basis. It is understood that the discretionary basis is used by Dental Protection and the Medical and Dental Defence Union of Scotland. Previously the DDU had criticised discretionary indemnity claiming that only an insurance policy with defined benefits gave the profession any certainty about whether claims will be met. A discretionary basis is exactly that, discretionary. A person who is accepted into membership of the organisation pays a subscription and is entitled to request the benefits of membership which are granted at the absolute discretion of the insurer. The discretionary basis of cover is to be contrasted with a contractual indemnity where a proposal is submitted and, if accepted, a premium is paid. A contract is issued setting out the terms upon which cover will be provided. Any such policy issued is enforceable in a court of law. Having discretionary cover provides no absolute assurances that cover will be given. Discretionary policies can also prove problematic on a sale of the practice; if any clinical negligence subsequently arises it is at the absolute discretion of the insuring organisation whether or not it will pay such claims. If cover is denied this could leave the retired dentist incurring significant legal fees to defend any such clinical negligence. For further information please contact Rebecca Robinson at [email protected] or call 0114 266 6660
Dental Defence Union Reverts to Discretionary Cover
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