confidentiality/negligence Flashcards
what does the GDC state about confidentiality?
- it must not be disclosed to a third party without consent of pt
- info. on computer must follow ‘data protection act’
what are the three elements required to establish a breach of legal duty of confidence?
- info has the necessary quality of confidence
- info. is disclosed in circumstances implying an obligation of confidence
- unauthorised disclosure would cause harm to the confider
when would information be disclosed to a third party?
- permission should always be sought
- solicitors, insurance companies
when would you disclose information without consent?
- legal or statutory requirement
- when ordered to do so by court
- medical grounds-may disclose to a close friend or relative
- justified in the wider public interest
- purpose of research project approved by ethical community
- identification of missing or deceased persons
what is negligence?
the omission to do something a reasonable man would do ; or, doing something a reasonable man would not do.
a claim will not succeed unless which three things are not present?
- duty of care and breach of that duty
- causation
- harm/injury
what is the bolam test?
dentists are assessed by the standards of others of similar experience.
what is hunter v hanley test?
- lord president clyde outlined the test
- must be proved there is normal practise
- must be proved defender did not adopt that practise
- Must be established that the course the defender had taken is one that no other professional would have taken
ie. If it is possible to find one dentist that agrees with the defender then the claim is successfully defended
what is ‘causation’ ?
the balance of probabilites
what can you do to make it difficult to prove a case of negligence?
- keep neat, legable notes
- always work to your remit
- update your skills regularly and keep a record
is indemnity inusrance mandatory for dentists?
yes. but not yet DCP’s
