HCLP Flashcards
What are three important laws in place when considering duty of confidentiality?
- Common Law
- Human Rights Act 1998
- Data Protection Act 2018
What are the three situations in which it is a statutory duty for a professional to breach confidentiality?
- To aid identification of a driver in a road traffic accident
- To an officer of the NHS Scotland of your NHS board
- Identification of a missing/ deceased person
State the act which deals with law around how personal data is processed.
Data Protection Act 2018
What are the 7 principles of the data protection act 2018?
- Lawful, fair & transparent
- Purpose limitation
- Data minimisation
- Accuracy
- Storage limitation
- Integrity & confidentiality
- Accountability
How long do medical and dental indemnity organisations usually advice records to be kept for before being disposed of? State for both adults and children.
Adults- 11 years
Children- till the age of 25
Name 3 oversight roles as part of the data protection act 2018.
- Data protection officer (DPO)
- Information Commissioner’s office (ICO)
- Caldicott Gaurdian
What is the role of a data protection officer (DPO)?
Oversees an organisations data protection strategy and its implementation to ensure compliance with the act.
What is the role of the information Commissioner’s office?
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.
What is a Caldicott Guardian?
A person responsible for protecting the confidentiality of people’s health and care information and making sure it is used properly- all NHS organisations must have one.
What recommendation from the Francis report is directed at medical and dental healthcare professionals?
Recommendation 181
What is considered “severe harm”?
Permanent lessening of function (e.g. removal of wrong limb, or organ or brain damage)
As part of duty of candour, if something goes wrong what 4 things must a dentist do?
- Tell the patient
- Apologise to the patient
- Offer an appropriate remedy or support to put matters right (if possible)
- Explain fully to the patient the short and long term effects of what has happened.
What three factors MUST occur for there to be a proof of negligence?
- Duty of Care
- Causation of harm
- Breach of duty
What is meant by proving causation of harm?
The pursuer must be able to show that the negligence of the medical professional caused, or materially contributed to the bad outcome.
Define a complaint.
Any expression of dissatisfaction by a patient (or their representative) about a dental service or treatment, whether justified or not.
Define, Claim for compensation.
A claim for something, typically money, in recognition of loss, suffering, or injury.
In primary care, who would you contact in a case of negligence?
Indemnity organisation
In secondary care, who would you contact in case of negligence?
Central legal office
How should a compliant in practice be dealt with by the dentist?
- Have an effective complaints procedure readily available and followed at all times
- Don’t react defensively
- Offer an apology and a practical solution where appropriate
Under the new NHS Scotland complaints handling procedure, what “stage” are dentists likely to deal with? What is involved in this stage?
Stage 2, where a complaint is acknowledged in 3 days, and completed in 20 days.
As a dentist, what are your options if a complaint escalates?
Contact:
- Parliamentary and health service ombudsman (PHSO)/Scottish Public Services Ombudsman (SPSO)
- NES/Postgraduate deanery
- GDC
Make claim for compensation
What is consent, in dental terms?
“The voluntary submission to treatment following an understanding of the nature, purposes and consequences of that treatment.”
Define Gillick Competence.
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.
If a patients capacity to consent is lost, what must a dentist do?
Seek the consent of the welfare attorney when it’s practical and reasonable to do so
