Background

Max is a Dental Prosthetist, who has been running his own Melbourne based clinic for the last 20 years. While Max’s clinic provides a range of dental services, the bulk of his business is predominantly creating full and partial dentures.

The Incident

After creating a partial denture some months ago, Max’s patient has been back to the clinic several times complaining of pain in their gums, and an inability to eat with the new prosthetic. Max has made several adjustments to the denture, in an attempt to alleviate these issues. The patient is elderly, and on a fixed income. They have advised Max they would like to have the prosthetic remade elsewhere, and would like Max to cover this expense.

The Investigation

Max reviewed all his internal case notes for patient, including all x-rays, medical reports etc, and concluded he had followed best practice for the patient.

The Claim

The patient lodged a complaint against Max with AHPRA, alleging the denture was unwearable, and had caused further damage to their gums and mouth. The claim sought compensation for a replacement prosthetic, medical expenses, as well as pain and suffering.

Resolution

Max notified his professional indemnity insurance provider about the claim. His insurance company initiated an investigation and appointed a legal team to handle the case. They reviewed all relevant documentation, including the patient’s dental records, Max’s case notes, as well as his internal policies and procedures for managing patient complaints.

The legal team assisted Max in collating this information and creating a formal response to the AHPRA complaint. After review, AHPRA found Max had not acted negligently, and advised no further action was required. Investigation and defence costs were covered by Max’s insurance policy.

Key Takeaways

  • Professional indemnity insurance played a crucial role in protecting Max throughout the claims process, covering legal expenses and potential compensation.
  • Thorough documentation, including consent forms and adherence to clinic policies, helped support Max’s defence.
Disclaimer: This case study is fictional and provided for illustrative purposes only. The outcome of an actual professional indemnity claim may vary depending on the specific circumstances, insurance policy terms, and legal considerations involved.

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