Last week, I had the privilege of presenting a 10-minute bill motion in the chamber, urging an amendment to a sub-section of the Dentists Act 1984 regarding indemnity arrangements. Although this might seem like a niche issue it is one that confronts the complex legal and financial frameworks that underpin healthcare. We all rely on healthcare services, and even though the dental area may not at first appear to be, it is a matter of life and death.
Indemnity has significant implications. It refers to the legal and financial assistance provided at the discretion of the indemnity provider. Unlike insurance contracts, indemnity is not guaranteed, and the decision to pay out is made on a case-by-case basis. If a claim is denied, the individual seeking compensation can be forced into a long, drawn-out court battle. This process, often complicated and distressing, proved disastrous for one of my constituents in Harlow, and irreversible damage was done.
It may seem strange that in my first opportunity to put forward a bill to the house was on the subject of dentistry, as a former teacher and charity worker working in the fields of homeless prevention and then Young Carers, it would perhaps have been logical to focus on these areas. However, when I was introduced by a colleague to Gina, who originally comes from Harlow but subsequently moved to the constituency of Lewisham East, and whose father was a resident in Harlow until his death, I was so upset by her story and that of her father that I felt compelled to raise this issue in the House of Commons.
Clive was a beloved resident of Harlow. The hole he has left in the lives of his family is huge, while he worked as a wood machinist Clive had three children and five grandchildren. However, in 2008, when Clive chose to undergo dental implant surgery. The procedure was botched, and the resulting infection left him in constant agony.
Despite being awarded £117,378 in damages and legal costs by Chelmsford County Court in 2019—one of the highest payouts for dental negligence in the UK—Clive did not receive the compensation he so rightfully deserved. The dentist responsible for the botched surgery was covered only by membership in the Dental Defence Union, an organisation that, while offering some protection to its members, is not an insurance company. Their indemnity is discretionary and, in Clive’s case, ultimately proved insufficient.
By 2022, unable to bear the physical pain any longer and feeling betrayed by a system he thought would protect him, Clive tragically took his own life. His family were devastated, and Gina described the loss of her dad as ‘a tragic waste of life.’
Indemnity coverage for healthcare professionals, including dentists, has been a subject of consultation by the Department of Health since December 2018. Yet, despite this, the system remains flawed, leaving patients vulnerable and without recourse when things go wrong. The tragic story of Clive Worthington highlights just how devastating the consequences of these gaps can be.
The amendment I put forward doesn’t require sweeping primary legislation or an endless, convoluted process. With the right attention, it could be easily amended to close the loopholes that allowed this injustice to happen. This is not just about improving the indemnity system—it’s about restoring public trust in a system that was designed to protect us but has failed some when they needed it most.
As legislators, we have a responsibility to ensure that what happened to Clive doesn’t happen to anyone else. We must close these gaps, amend the law, and, above all, restore faith in a healthcare system that should always put patient welfare first.
Like many new MPs many of my contributions to the house have been based around not my experiences but the experiences of my constituents. Sadly, it is too late to help Clive Worthington and spare his family the terrible grief they must have experienced following his death and no doubt still do, but I hope that by bringing forward this bill we can bring some attention to this issue and ultimately close this loophole so that no one else has to go through what Clive and his family did.
Closing the Gaps in Healthcare Indemnity: A Life Lost, A System in Need of Reform
