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

Key Points Discusses why the tort law of negligence is not ideal for the resolution of claims of dental malpractice. Critically appraises whether both legal and regulatory actions against patients actually achieve a positive goal for them. Promotes the use of mediation in the management of disputes between dentists and patients as an alternative to traditional fitness-to-practise procedures. 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.