Ethics Flashcards
What is the criteria for negligence?
The omission to do something which a reasonable person would do/ would not do.
Which 4 conditions must be met in terms of balance of probability (in neglect cases to prove neglect)?
- Dentist owed a duty of care
- The duty was breached (standard of care)
- The breach caused or materially contributed to damage (causation)
- This damage was reasonably foreseeable and had negative consequences and effects
What makes consent valid?
Specific to the proposed dental treatment
Was obtained recently
Remains current (pt still agrees)
How is capacity assessed?
Act
Make reasoned decisions
Communicate decisions
Understand decision
Retain memory of the decision
What is dental neglect?
Persistent failure to meet a child’s basic oral health needs
What are the principles of legal consent?
Pt has ability to make informed decision
Informed
Voluntary
What are the principles of the Adults with Incapacity Act 2000?
- Must benefit pt
- Minimum intervention
- Present and past wishes of the adult
- Consultation with he adult and others
What is a power of attorney?
Person authorised by the Office of the public guardian if the pt has formally nominated someone prior to losing capacity.
What is a welfare PoA?
Is for the care and personal needs of the adult (health care, clothing etc) - decided by adult while capable (only has effect when loses capacity)
What is a continuing PoA?
For finance and property - no power to make a will for the adult or do anything not specified in prior agreement
What is a guardianship order?
For continuous management of the adults welfare where there is no PoA
What is a material risk?
a risk which a reasonable person in the patient’s position would be likely to attach significance to the risk
What act governs capacity in Scotland?
Adults with incapacity act 2000
How is capacity assessed ?
AMCUR
ability to:
act
make a decision
communicate decision
understand the decision
Ability to retain the decision
What act protects people from discrimination?
Equality act 2010