Claims for Compensation

Question 1

What is a breach of Duty? (Hunter v Hanley 1955)

Answer 1

Hunter v Hanley (1955)

Lord Clyde:

1. It must be proved that there is a usual and normal practice
2. It must be proved that the defender has not adopted that practice
   
   1. It must be established that the course the defender adopted is one which no professional person of ordinary skill would have taken if he had been acting with ordinary care

Question 2

What is Causation?

Answer 2

• The pursuer must be able to show that the negligence of the medical professional caused, or materially contributed to the bad outcome.
• BURDEN OF PROOF is the PURSUER
• CIVIL STANDARD APPLIES “On the balance of probabilities”

Question 3

What is claims for compensation?

Answer 3

• Complaint: Any expression of dissatisfaction by a patient (or their representative) about a dental service or treatment, whether justified or not.
• Claim for Compensation: A claim for something, typically money, in recognition of loss, suffering, or injury.

Question 4

What is the GDC standards for claims for compensation?

Answer 4

• 1.8 Have appropriate arrangements in place for patients to seek compensation if they suffer harm.
• 1.8.1 You must have appropriate insurance or indemnity in place to make sure your patients can claim any compensation to which they may be entitled
• 1.8.2 You should ensure that you keep to the terms and conditions of your insurance or indemnity and contact the provider as soon as possible when a claim is made

• Poor records = Poor defence*
• No records = No defence*

Question 5

What happens in handling claims for compensation?

Answer 5

Request for Records - Contact indemnity

Letter of Claim - Contact indemnity

Response to Letter of Claim:

“Dear X, I acknowledge receipt of your letter of xx/xx/xx. I have passed the matter on to my indemnity organization who will be in touch, Yours sincerely…”

Cooperate with indemnity – meetings, your thoughts on what happened, pass all further correspondence to indemnity.