A judgment handed down by the High Court on 21 July 2021 has confirmed that Dr Raj Rattan, the Dental Director of Dental Protection Limited, in his capacity as the previous owner of an NHS dental practice, is vicariously liable and owes a non-delegable duty of care to patients who were treated by associate dentists working in Dr Rattan’s dental practice.
Chris Dean Managing Director of The Dental Law Partnership commented:
“To have secured this judgment in the English High Court is a victory for patients and for common sense. For too long dental practice owners and their member-only discretionary indemnity schemes, as peddled by Dental Protection Limited and others, have ducked responsibility for damages relating to shoddy treatment in their clinics. Dental Practice owners, such as Dr Rattan, now have no hiding place from justice. We expect all dental practice owners to take out industry-standard insurance policies to cover their patients, and to abandon the vagaries of 130 year old discretionary indemnity cover which is unfit for purpose in 2021.”
Dental Law Partnership acted for Mrs Hughes in this claim and she was represented in the high court by Ben Collins QC of Old Square Chambers