ethics Flashcards
what is negligence
the omission to to do something which a reasonable practitioner would do; or, doing something which a reasonable practitioner would not do
what are the causes of complaint
- screw ups, slips, mistakes
- deficiency in clinical standard
- unnecessary treatment
- confidentiality breach
- proper consent not obtained
- unprofessional manner
- inappropriate conduct
what is gross negligence
negligence that is so bad it is criminal
what is the treatment standard
- trainee and learner dentists are held to the same standard as more experienced colleagues
- otherwise, inexperience would be used as a defence a lot of the time
how does a defence exist against a claim of negligence
if the dentist has acted in accordance with a practice accepted as proper by a responsible body of dental practitioners skilled in that particular art
what are the 4 conditions required in terms of balance of probability of clinical negligence
1 - dentist owed a duty of care
2 - duty of care was breached (standard of care)
3 - that breach caused or materially contributed to damage (causation)
4 - damage was reasonable foreseeable and had negative consequences and effects
what is balance of probability
how likely/unlikely it is that the dentist will cause fault
what do claimants mainly want
an admission of fault from the practitioner
what should a defendant not do
- be rude to patients and colleagues
- enter false details in records - these are thoroughly checked in the event of litigation
- change records to cover their tracks
- attempt to defend mistakes in response to a complaint - this is different from an apology
how is harm negligent
harm is negligent if it results from dental treatment if the dentists practice fails to meet standard of ordinary care
