I was asked very recently to comment on a colleagues medico legal case.
I have some not inconsiderable experience in these areas, both personally and professionally. I have acted as an expert for prosecution of dentists but more considerably for defence of dentists through civil action, regulatory action (GDC) and criminal cases. I also have considerable experience personally of medico legal and regulatory cases.
The case I was asked to comment on (informally) though is one that I see more and more and more and is the case of the defence union 'settling' without an admission of guilt.
I was given access to the material from the clinician involved (frowned upon by the defence unions entirely) to see an exceptional case provided exceptionally well where a complication had occurred despite fantastic case notes, photography at all stages and even an offer by the person to pay for the patient to have specialist treatment because they had left the practice and were unable to care for them when a complication occurred. An expert report was obtained in this case and due to one line of the expert report (despite the report being overwhelmingly supportive of the dentist) the union have decided to settle.
I then has sight of the emails where first the union politely offers to settle the case without any stress for the dentist. The dentist suggests they would rather not settle the case as this would set a precedent particularly in a small community where patients who have difficulty might think that it was 'easy money' to claim against any untoward event.
The defence union then turns the screw and basically insists upon the letter being sent and even lists the fact that it is not economically viable to defend the dentist. This is listed in an email, in writing, in black and white from a defence union "It's not economically viable to defend your reputation"
I can see this dressed up as a 'for the best for the members as a whole' but it's risk management gone mad. It's the short term every single time. Its the snake eating its tail until ultimately it eats its head.
Why oh why would someone else not come at you if they understood that their friend had been given £1000 or £2000 merely for making a complaint to an ambulance chasing solicitor.
No win, no fee.
By far the best form of marketing in any industry is word of mouth. Ask yourself a question... will settling cases where the evidence is overwhelmingly in the favour of the dentist be likely to increase or decrease word of mouth marketing to the ambulance chaser?
If there is anyone from the defence unions who would like to email me or post a comment here to say they are actually more interested in the long term and certainly the long term of the profession.
The title of this blog was not a mistake - we are supposed to be mutual societies.
Blog Post Number: 1095