clinical negligence Flashcards
what is statute law?
acts of parliament written down
what is case law?
court judgements
what are some common causes for complaints?
mistakes, slips, lapses deficiency in clinical standard unnecessary tx confidentiality breach proper consent not obtained unprofessional manner innapropriate conduct
what is public/criminal law?
state brings action against parties
what is private/civil law?
parties against each other
what law does negligence come under?
civil
what courts, hearings, and inquiries can a dentist be involved in?
local complaint Scottish public sector ombudsman GDC-fitness to practise negligence litigation(public_ prosecution(private) fatal accident inquiry
what are the 4 degrees of culpability?
dissatisfying outcome of tx problematic outcome of tx negligence -standard of care not met gross negligence -criminal law
what is the definition of negligence?
the omission to do something which a reasonable [], guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable [] would not do
what is a reasonable denist?
if the dentist had acted in accordance with a practice accepted as proper by a responsible body of dentists skilled in that particular art
what are the 4 criteria for clinical negligence?
- the dentist owed a duty of care
- the duty was breached (standard of care)
- the creached caused or materially contributed to damage (causation)
- this damage was reasonably forseeable and had negative consequences and effects
what happens if there is no proper records?
there is no documentary evidence that you did as you claim
what must records be?
complete
full in detail
legible
comprehensible
how long should records be kept?
minimun 11 years
child records until patient is 25y/o
when is a claim in negligence for dental care of children allowed until?
the age of 25
