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Dentist cleared of mixing NHS & private work

10 May 2023
Issue: 8024 / Categories: Legal News , Health & safety , Regulatory , National Health Service
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A dentist did not breach regulations when she mixed NHS and private work on the same tooth, the Court of Appeal has held.

Lucy Williams provided three patients with a crown on the NHS and a ceramic crown for an additional private top-up fee of between £35 and £65. The professional conduct committee held the dentist acted in breach of regulations, was dishonest in so doing, and struck her off the register.

In General Dental Council v Williams [2023] EWCA Civ 481, however, the Court of Appeal held the NHS Contracts Regulations do not prevent dentists from charging a top-up fee to provide a better looking crown. Moreover, the court held the finding of dishonesty should never have been made.

Tania Francis, partner at Hempsons, which acted for Williams, said: ‘Of importance to the profession, the Court of Appeal found that these top-up fees are allowed by the regulations and indeed are much closer to the spirit of NHS dentistry than the [General Dental Council]’s interpretation.’

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