A Locum Dentist Makes a Mistake – Who Is Liable?
Clinicians are liable for their own clinical work whether as a principal, associate or locum.
A locum dentist has the same legal, ethical, and clinical responsibilities to a patient as is the case with all registrants. Working under a locum arrangement does not lower the standard of care required.
Locum dentists must have their own personal professional indemnity insurance. It is important to select an organisation that provides expertise and experience in complaints management, GDC matters and any claims that may arise.
When Both the Locum and the Practice Owner Can Be Liable
There are instances where, should a patient receive substandard care and make a claim for compensation, both the locum dentist and the practice owner can be held liable. Recent cases have established that practice owners can also be held liable under two legal principles:
- Non-Delegable Duty of Care:
The practice owes an inherent duty to protect its patients.
- Vicarious Liability:
If a patient reasonably believes they are being treated by the practice rather than an individual clinician, it may be there is joint liability in potential claims.
Risk Management for Locums: Clinical Record Keeping
There are many ways we can risk manage problems as locums. The importance of clinical record keeping cannot be underestimated and your records will support the resolution of issues that may arise. The key principles of good record keeping are:
- Clinical records should be contemporaneous
- Clear and precise in content
- Concise and accurate
- Complete and reflective of treatment provided
Guidance to Avoid Risk and Issues
- Maintaining Clinical Standards
- Securing Informed Consent
- Sound and appropriate communication
- Continuity of Care
Regulatory & Legal Compliance
- GDC Registration & CPD
- Professional Indemnity
- Performer List Status to provide NHS treatment
- Immunisations
- Keeping contemporaneous, complete clinical notes
- Following Practice Policies
Frequently Asked Questions
Who is liable if a locum dentist makes a mistake?
Clinicians are liable for their own clinical work whether as a principal, associate or locum. In some cases, both the locum dentist and the practice owner can be held liable if a patient receives substandard care and makes a claim for compensation.
Can a practice owner be held liable for a locum’s mistake?
Yes, under two legal principles: Non-Delegable Duty of Care, where the practice owes an inherent duty to protect its patients, and Vicarious Liability, which can apply if a patient reasonably believes they are being treated by the practice rather than an individual clinician.
Do locum dentists need their own professional indemnity insurance?
Yes. Locum dentists must have their own personal professional indemnity insurance, ideally from an organisation experienced in complaints management, GDC matters and claims.
What are the key principles of good clinical record keeping for locums?
Records should be contemporaneous, clear and precise in content, concise and accurate, and complete and reflective of the treatment provided.
Written and reviewed on 25 September 2026
