The ExTORTion of dentistry-is litigation and over-regulation best for our patients?

Abstract

This article examines the current trends within UK dentistry for increased litigation and regulation. The law of tort when applied to dental negligence falls short of attaining justice for patients in a way which is focused on their best interests. It also has the effect of causing demoralisation and encouraging defensive practice. The introduction of a no-fault compensation scheme, such as that found in New Zealand, may be a solution to this issue, but this would come with questions around how it could be funded. The current system of high litigation and regulation, which shows no signs of relenting, seems to be in no-one's best interests. Therefore there is a real need to consider and propose alternatives that may break the continuum of increasing trends.