Dentists

Legal Defence for Dentists

General Dental Council (GDC)

The GDC is the regulatory body responsible for maintaining standards in performance and the education of dental professionals in the United Kingdom.

If you work in the UK as a dentist, clinical dental technician, dental nurse, dental hygienist, dental technician, dental therapist or orthodontic therapist, you must be registered with the GDC. Patient safety is a the centre of the regulatory framework and dental professionals are expected to attain and maintain high standards to stay on the Register. Details can be found in the GDC Standards and additional guidance within Scope of Practice on the GDS website.

The Dentists Act 1984 makes it a criminal offence for a person who is not a registered dentist or a registered dental care professional to practise dentistry, or hold themselves out - whether directly or by implication - as practising or as being prepared to practise dentistry. All GDC registrants are legally exempt from the criminal ban on the practice of dentistry by lay people. However the GDC can take action through the Fitness to Practise procedures if they work outside their Scope of Practice. This describes the areas in which a dental professional has the knowledge, skills and experience to practise safely and effectively in the best interests of patients. 

Complaints can be raised by patients, their relatives or members of the public and will be investigated by the GDC caseworkers once referred.

Dental professionals are expected to report either themselves or others if their conduct falls well below the standards expected.

Fitness to Practise

This can arise in the course of work and relate to breaches of codes of practice or competence issues or relate to a practitioner’s health or conduct outside of work. Common scenarios can involve a wide range of events and circumstances such as drink driving, possession of illegal substances, failing to obtain informed consent from a patient before administering treatment or performing a procedure, failure to obtain professional indemnity insurance or providing services beyond those for which they are allowed to practice.

The GDC often receive complaints from members of the public who have been harmed by tooth whitening services. The GDC believes that this practice is dentistry and as such should only be carried out by GDC registrants. Prosecutions may follow or action taken for those who have been alleged to have been carrying out tooth whitening services beyond Scope of Practice guidance.

The complaint will be investigated if it is a matter which gives rise to issues of fitness to practise. Evidence in support is obtained including a response from the dental professional (s) concerned. If there is a case to answer the matter will be referred to the Investigation Committee.

See here for the GDC  Fitness to Practise Page

Investigation Committee

­The Investigation Committee considers the documentary evidence and decides whether the matter should be referred to the Practice Committee for the issues to be heard in full at a public hearing where witnesses are called and findings of fact to be determined. If not, the investigation Committee can decide to close the case with no further action, issue advice or a warning.

Interim orders hearing

If a matter is serious and issues suggest that patient safety or that of the dental professional is or could be at risk and cannot wait until a full Practice hearing can be  held, the case can be referred to an Interim Orders Committee. They will decide whether an immediate order of suspension or a regime of conditions should be imposed until the final hearing can be heard.

Practice Committee hearing

These are  public hearings where the Committee ( there are the Health Committee, Professional Performance Committee, and the Professional Conduct Committee)   hears evidence and makes findings of fact. If any allegations are proved, the Committee then decides whether the registrant is unfit to practise and what action they should take. The Committee can take a number of steps. The most serious is to take the dental professional’s name off the Register. This means they are ’struck off’ and cannot practise.

A dental professional has the right of appeal. This should be made within 28 days of the notification of the decision and is made to the High court.

Details of hearings and decisions are reported and can be found on the GDC website.

You should consult a specialist defence lawyer for dentists for advice and assistance in any matter relating to your fitness to practise or indeed any investigation by the local PCT into a dental practice .

If you are facing a criminal prosecution relating to illegal actions in connection with dental services we are specialists in this area. Do not try to deal with this on your own, seek advice as soon as the issue arrises.

Fees

You may be covered by the union or legal expenses insurance in respect  of  fees and we can assist you in relation to this. You have the freedom  to instruct a solicitor of your own choice especially where the matters are serious and complex  and relate to your employment.

It may be that we can assist you in preparing for an investigation or interview or in drafting responses on your behalf. Early intervention and cooperation is always key to preparing your defence as robustly as possible.

Practice Matters

We can also assist those who may be wishing to sell or acquire a dental practice or who have issues relating to management or employment issues within their practice.

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