Sir, in reply to S. Mynard's comment in identifying the legal loophole, (BDJ 2004, 196: 248) I do agree that the GDC should facilitate the formation of a compulsory statutory insurance mechanism for all practicing dentists.

This should be done by the GDC itself as suggested by S. Mynard through mandatory premiums into a fund and not by the dentists having to seek private medical insurance themselves.

What I do not agree with is the issue of 'innocent patients' suffering. I work in a fully NHS practice where over 70% of my patients are exempt from treatment charges and are eligible for free legal aid.

There is always a threat of legal action from them, which makes it difficult to function as a dentist. I have been stung once by an unmeritorious claim, where the insurance company settled for reasons of practicality and efficacy.

I am an extremely conscientious dentist and do my work with care and attention. I am also on the verge of completing my LLB and I understand what is and what is not a rightful claim.

However, there are negligence solicitors who exploit the large window of opportunity against dentists like me for their personal unjust enrichment by a series of threatening letters to the insurance companies knowing that there is a good chance of settlement.

I feel that the current legal protection for patients is a charter for relentless insurance claims that have no valid justification. Because of my experience there will be a lot of 'innocent patients' that I will avoid treating, and who will consequently suffer.

The target for remedy should not be the 'innocent patients' but the 'innocent society' and a statutory policy must be implemented with such a utilitarian goal in mind.

This is not to say that valid negligence claims must be swept aside since genuine claims require genuine advocates. If insurance is to be made mandatory, there should be a parallel statutory implementation for stricter regulation of the conduct of solicitors so that they will be accountable for sham claims. If this problem is not checked, the NHS crisis will become a NHS apocalypse.