Dental Law Flashcards
Complaints procedure - how long to reply?
Acknowledge receiving complaint within 3 days
Respond informally in 5 days
And respond formally in 20 days
5 days response to decide formally or informally
3 days after formal
20 days in total
How can the patient take their complaint to the next step?
Complaint NHS Ombudsman, within 28 day reply
Patient law?
Patients Rights Act
Post for patients?
Freepost SPSO
Patients’ rights under the NHS legislation?
- Have the right to have any complaint dealt either efficiently and properly investigated
- Know the outcome
- Take their complaint to the NHS Ombudsman
- To claim a judicial review if been affected by an unlawful act
- Right to compensation
Does every dental practice need a complaints procedure?
Yes
Its law
Complaint officer?
Needs training
Decisions of a complaint from the GDC?
No action
Warning letter (public)
Referred to Case Examiners
Investigation Committee
Interim Orders Committee
Health Committee
Professional Perfomance Committee
Professional Conduct Committee
Fitness to practice sanctions?
Admonishment
Written warning attached to registration
Conditions on your registration with or without review
Suspension with or without review (18 months)
Erasure
NHS complaints procedure?
1st April 2017
What does the GDC refer to when considering complaints?
Harm has been caused to the member of the public
Damage has been done to the reputation of the reputation
Registrant may be suffering from ill health
Standard 9.1 - check
Dentist comes in disheveled and drinks beer during lunch break, how would you deal with this situation?
Concerns that you should report to the GDC?
No insurance
Fraud or theft
Cross infection issue
Heth condition putting patient at risk
Under the influence of drugs
Failure of safeguarding the patient
Violent behaviour
Sexual assault
Public Interest Disclosure Act 1998
Good faith
Reasonable
Continued professional development?
What we aren’t good at
Public interest disclosure act (PIDA)
Whistle blower act - allow to grass on someone
Equality and diversity Act 2010
9 categories?
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Burden if proof between negligence and discrimination?
Negligence - proof for patient
Discrimination - proof from dentist
Court ordered mandate for release of dental records?
Must be sent to the lawyer
What if a patient doesn’t attend their referral appointment?
If it is possibly harmful such as a biopsy - you should try and persuade them to go
If they still refuse to go to their referral and explain that they don’t want to be referred anymore - you still MUST refer them, protected under the data protection act.
If they still don’t attend it is essential to try and persuade them to go
What is the period of time for a complaint to be dealt informally?
5 days
If a formal complaint has been made, when must the dentist acknowledge it?
Within 3 working days
How many days must the complaint be responded to?
20 days
What is clinical governance?
A mechanism for monitoring and reviewing the healthcare provided for patients to give assurance that all patients recieve consistent health care of an appropriate quality irrespective of where it is provided or from whom it is provided
What must be included for clinical governance?
Clinical risk management
Information governance
Clinical effectiveness
Fitness to practice
Duty of candour?
Must be open and honest with patient when something goes wrong with a patients treatment or care which causes or had the potential to cause, harm or distress
