HCLP

Question 1

What are three important laws in place when considering duty of confidentiality?

Answer 1

1. Common Law
2. Human Rights Act 1998
3. Data Protection Act 2018

Question 2

What are the three situations in which it is a statutory duty for a professional to breach confidentiality?

Answer 2

1. To aid identification of a driver in a road traffic accident
2. To an officer of the NHS Scotland if your NHS board
3. Identification of a missing/ deceased person

Question 3

State the act which deals with law around how personal data is processed.

Answer 3

Data Protection Act 2018

Question 4

What are the 7 principles of the data protection act 2018?

Answer 4

1. Lawful, fair & transparent
2. Purpose limitation
3. Data minimisation
4. Accuracy
5. Storage limitation
6. Integrity & confidentiality
7. Accountability

Question 5

How long to medical and dental indemnity organisations usually advice records to be kept for before being disposed of? State for both adults and children.

Answer 5

Adults- 11 years
Children- till the age of 25

Question 6

Name 3 oversight roles as part of the data protection act 2018.

Answer 6

1. Data protection officer (DPO)
2. Information Commissioner’s office (ICO)
3. Caldicott Gaurdian

Question 7

What is the role of a data protection officer (DPO)?

Answer 7

Oversees an organisations data protection strategy and its implementation to ensure compliance with the act.

Question 8

What is the role of the information Commissioner’s office?

Answer 8

An independent authority which upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals. Can implement breaches and Fines.

Question 9

What is a Caldicott Guardian?

Answer 9

A person responsible for protecting the confidentially of people’s health and care information and making sure it is used properly- all NHS organisations must have one.

Question 10

What recommendation from the Francis support is directed at medical and dental healthcare professionals?

Answer 10

Recommendation 181

Question 11

What is considered “severe harm”?

Answer 11

Permanent lessening of function (e.g. removal of wrong limb, or rogan or brain damage)

Question 12

As part of duty of candour, if something goes wrong what 4 things must a dentist do?

Answer 12

1. Tell the patient
2. Apologise to the patient
3. Offer an appropriate remedy pr support to put matters right (if possible)
4. Explain fully to the patient the short and long term effects of what has happened.

Question 13

What three factors MUST occur for there to be a proof of negligence?

Answer 13

1. Duty of Care
2. Causation of harm
3. Breach of duty

Question 14

What is meant by proving causation of harm?

Answer 14

The pursuer must be able to show that the negligence of the medical professional caused, or materially contributed to the bad outcome.

Question 15

Define a complaint.

Answer 15

Any expression of dissatisfaction by a patient (or their representative) about a dental service or treatment, whether justified or not.

Question 16

Define, Claim for compensation.

Answer 16

A claim for something, typically money, in recognition of loss, suffering, or injury.

Question 17

In primary care, who would you contact in a case of negligence?

Answer 17

Indemnity organisation

Question 18

In secondary care, who would you contact in case of negligence?

Answer 18

Central legal office

Question 19

How should a compliant in practice be dealt with by the dentist?

Answer 19

1. Have an effective complaints procedure readily available and followed at all times
2. Don’t react defensively
3. Offer an apology and a practical solution where appropriate

Question 20

Under the new NHS Scotland complaints handling procedure, what “stage” are dentists likely to deal with? What is involved in this stage?

Answer 20

Stage 2, where a complaint is acknowledged in 3 days, and completed in 20 days.

Question 21

As a dentist, what are your options if a complaint escalates?

Answer 21

Contact:
- Parliamentary and health service ombudsman (PHSO)/Scottish Public Services Ombudsman (SPSO)
- NES/Postgraduate deanery
- GDC

Make claim for compensation

Question 22

What is consent, in dental terms?

Answer 22

“The voluntary sub,is soon to treatment following an understanding of the nature, purposes and consequences of that treatment.”

Question 23

Define Gillick Competence.

Answer 23

Children under the age of 16 can consent to their own treatment if they are believed to have enough intelligence, competence and understanding to fully appreciate what is involved in their treatment.

Question 24

If a patients capacity to consent is lost, what must a dentist do?

Answer 24

Seek the consent of the welfare attorney when it’s practical and reasonable to do so