Sir, there seems to be an inordinate amount of largesse being dispensed by the government and the Treasury in particular. I wonder therefore if dentists, along with other healthcare professionals, should be protected with civil immunity from injury (or death) alleged to have been sustained directly as a result of an act or omission by them in the course of providing healthcare services in support of the government response to the COVID-19 outbreak.1 Perhaps we should follow the example set by New York Governor, Andrew Cuomo who has issued an Executive order to this effect.
GDPs in the UK have been deluged with a multiplicity of guidance and face the anxiety and stress of deciding what to do or to do anything at all. Potential claims relating to how patients were managed during this crisis and the return to practice may come long after the public adulation of the NHS has been forgotten.
Clinicians should of course be accountable for their decisions and action but the circumstances in which that care was delivered should be contextualised. The delivery of care through the urgent dental centres should certainly be protected from civil suit but at the very least be defended through the Clinical Negligence Scheme for Trusts (CNST) via the Coronavirus Act 2020. They have a good record in dealing with cases made against NHS healthcare workers. The majority of claims are resolved without formal court proceedings and in the early stages, more claims are resolved without payment of damages than with payment of damages. In 2017/18 just under 1/3 of claims ended up in litigation with fewer than 1% going to full trial (with most ending in judgement in favour of the NHS).2
The public shouldn't be clapping the NHS one week and suing them the next but if they do, we should have State backed indemnity.
References
American Medical Association Letter to the National Governors Association. 20 April 2020. Available at: https://searchlf.ama-assn.org/undefined/documentDownload?uri=%2Funstructured%2Fbinary%2Fletter%2FLETTERS%2F2020-4-20-Mc-Bride-Letter-to-NGA-FINAL.pdf (accessed July 2020).
NHS Resolution Annual Reports and Accounts 2017/18 HC1251. Available at: https://resolution.nhs.uk/wp-content/uploads/2018/08/NHS-Resolution-Annual-Report-2017-2018.pdf (accessed July 2020).
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D’Cruz, L. Immunity from legal action. Br Dent J 229, 69 (2020). https://doi.org/10.1038/s41415-020-1929-4
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DOI: https://doi.org/10.1038/s41415-020-1929-4