Ethics & Law Flashcards
What is civil law?
Upholding the rights of individuals
Non-criminal law
Pertains to persons, things and relationships that develop between them
Pursuer vs. defendant
Defendant is found to be liable or not liable
Which division of law affects dentistry?
Civil/Private law
Results in Court of Session
Does not result in jail - fines etc.
What is criminal law?
Upholding law and order
Concerned with the punishment of offenders
Prosecutor vs. defendant
Extremely rare in dentistry
Defendant found to be guilty or not guilty
Results in prison, fine, probation, community service order etc.
What are the degrees of culpability?
Dissatisfying outcome of treatment
Problematic outcome of treatment
Negligence
Gross negligence
What is negligence?
Conduct that falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm.
What are the Dental Standards of negligence in Scotland?
- There is a usual and normal practise
- The dentist did not adopt that practise
- The course the dentist adopted is one which no dentist of ordinary skill would have taken if acting with ordinary care
Can inexperienced practitioners be excused for negligence?
No. Negligence is treated in the same way even if you are newly graduated or have 20 years of experience.
What is the definition of clinical negligence?
- The dentist owed a duty of care
- The duty was breached
- That breach caused or materially contributed to damage
- This damage was reasonably foreseeable and had negative consequences and effects
What to claimants generally want?
An apology and admittance of fault Prevent reoccurence of problem Staff to be disciplined Investigation into what went wrong To understand what happened To improve quality in the future
What are the various types of samples?
Simple random sampling Stratified Clustered Systematic Convenience Self-selected