HCLP / GDC STANDARDS / SPECIAL CARE - STATION 5 Flashcards

1
Q

to prove that someone is negligent, it involves proving what three things?

A
  1. duty of care
  2. causation of harm
  3. breach of duty
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2
Q

what three things need to occur for their to be proof of negligence

A
  1. duty of care
  2. causation of harm
  3. breach of duty
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3
Q

of the three things needed to prove negligence, which is the easiest?

A

duty of care

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4
Q

why is duty of care the easiest to prove when dealing with negligence?

A

duty of care for dentist only occurs in the practice, outside of the practice it becomes someone else’s responsibility.

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5
Q

the second part of negligence is?

A

1st - duty of care
2nd - breach of duty

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6
Q

for someone to have breached their duty of care, according to hunter vs hanley (1955) Lord Clyde

what three things need to be proved

A
  1. it must be proved that there is a usual and normal practice for any procedure
  2. it must be proved that the defender has not adopted that practice

e.g patient has inhaled a endo file, and a rubber dam has not been used.

  1. it must be established that the course the defender adopted is one which no professional person of ordinary skill would have taken if he had been acting with ordinary care

e.g. your not negligence for reaching a gold standard, your negligence for not reaching the minimally accepted standard.

to establish negligence you will be judged against the ordinary general dental practioner acting with ordinary care

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7
Q

if you are a specialist in restorative dentistry and you have claim against you for negligence will you be judged against the ordinary general practioner to establish negligence?

A

no you will be judged against a specialist in restorative dentistry acting with ordinary care.

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8
Q

what is the 3rd part of negligence

A

1st part - duty of care
2nd part - breach of duty
3rd part - causation of harm

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9
Q

for causation what must the patient/pursuer show

A

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

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10
Q

in a scenario where a dentist has breached their duty of care, but their was no causation of harm. does the patient have grounds for compensation through negligence?

A

no

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11
Q

the burden of proof is with who

A

the patient/pursuer

not on the dentists/defender

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12
Q

there are two types of things on law

criminal standard - beyond the reasonable doubt

civil standard - on the balance of probabilities

A

the court have to be satisfied with someone who is negligent on the balance probabilities

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13
Q

if a defender has opted poor practice due to mitigations what must the defender have done to protect himself

A

must have detailed notes of any mitigations

e.g.

cannot reach the full length of the apex in a root canal treatment due to a stop/ledge

this needs to be noted down and referral needs to be made

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14
Q

what is complaint

A

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

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15
Q

what is a claim for compensation

A

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

complaints can result in a claim for compensation, but not all complaints will

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16
Q

what GDC standards must you adhere to when dealing with claims for compensation?

A

1.8 - have appropriate arrangements in place for patients to seek compensation if they suffer harm

1.8.1 - you must have appropriate insurance or indemnity in place to make sure your patients can claim any compensation to which they may be entitled

1.8.2 - you should ensure that you keep to the terms and conditions of your insurance or indemnity and contact the provider as soon as possible when a claim is made.

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17
Q

claims for compensation

poor records =

no records =

A

poor records = poor defence

no records = no defence

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18
Q

which areas of dentistry has shown a growth in claims for compensation

A
  1. undiagnosed/untreated perio disease
  2. implants and associated procedures
  3. adult orthodontics particularly short term orthodontics
  4. consent issues across all treatment types
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19
Q

why is the claims market in england much worse in scotland

A

because of the no win no fee lawyers.

these lawyers do not exist in scotland.

20
Q

the GDC wants you contact your indemnity when a claim has been put through

how do you handle such claims?

A

1st - often you would get a request for records from a solicitor - this is where you hand over the records with consent. (contact your indemnity)

2nd - a letter of claim will come through, if that happens contact your indemnity

21
Q

what must you not do when you receive a letter of claim

A

do not get involved in trying to defend yourself.

you should write a simple response with acknowledgement.

22
Q

what is the most likely outcome of claims for compensation?

A

settled, without admission of liability.

this is because the records are not good enough to defend

23
Q

what are the four outcomes of claims for compensation

A
  1. settled, without admission of liability
  2. patient/patient solicitors no longer pursue case
  3. defend - out of court settlement
  4. defend - court (win or lose)
24
Q

what are the aftermath problems of dealing with claims for compensation

what are the positives of claims for compensation

A
  1. stressful
  2. time and delay
  3. unwanted negative publicity
  4. unwanted additional paperwork

positives =

reflection

opportunity to change practice

25
Q

what is a negative of secondary care NHS indemnity when dealing with negligence

A

NHS indemnity - claims in negligence only is interested in protecting the NHS and has not investment in yourself when compared to indemnity insurance.

26
Q

when should you refer

A
  1. when you don’t know what to do
  2. when there’s something that’s very worrying
  3. when you mess something up
  4. when the patient wants another opinion
  5. when guidelines tell you to
27
Q

how can you refer?

A
  1. electronically by standard form
  2. letter
  3. phone
  4. secure email
  5. combination of the above
  6. dialing 999

anything that is done by a phone referral make sure you follow up with a letter as there is no evidence

if an email is sent for referral be aware that the receiver may be on holiday, so follow up on the email.

28
Q

urgent or routine

what must been done when referring

A

if the referral is of urgent nature state exactly why it is

29
Q

give examples of referral letters that require urgent attention

A
  1. cancer is suspected
  2. potentially airway threatening swelling
  3. life-threatening sepsis
  4. medical emergency in surgery
  5. major child/adult protection issue suicide risk
30
Q

how would you word your referral when dealing with suspected cancer

A
  1. please see this patient urgently
  2. i am suspicious this may be cancer
  3. this may be neoplastic - if patient is scared of the word cancer being used
  4. i cannot disclude cancer in the diagnosis
31
Q

where would in our area would we refer a head and cancer

A

oral-maxillofacial surgery in ninewells

32
Q

what are the key features in a referral letter?

A
  1. personal details/contact details
  2. practice details
  3. urgency of referral
  4. department of referral
  5. reason for referral - are you looking for advice only or treatment
  6. relevant social/medical history
  7. compact summary of major issues and history
  8. patient has capacity
  9. any other concerns you may have
  10. relevant enclosures - radiograph, photos
  11. do i copy letter to anyone else
  12. dont blame anyone
  13. keep it courteous
33
Q

when writing to patients what language must you use?

A

plain language, avoid using jargon

34
Q

what is the average age in tayside

A

9 years old

35
Q

why do we write to patients

A

good part of consent process - you’ve given information allowing for informed consent.

  • good use for evidence to prove that you have given information.
  • useful for complex options
  • when they wont take your advice, you have detailed treatment options which they have gone against. this also provides evidence.
  • good for giving oral health advice
36
Q

list the importance of letters being sent to patients

A
  1. strengthens the doctor-patient relationship and help patient cope with their conditions
  2. used for as a guide to do more research on
  3. handy reminder of important information, as many patients may forget what was told them
  4. patients may want to share their letters to their relatives
  5. keeps patients informed and let people know of their progress
  6. patients can use them as records
  7. patients can correct any errors
  8. show the later to other specialist rather than explain everything
37
Q

what are the 9 GDC Principles

A
  1. put patients interests first
  2. communicate effectively with patients
  3. obtain valid consent
  4. maintain and protect patients information
  5. have a clear and effective complaints procedure
  6. work with colleagues in a way that is in patients best interests
  7. maintain, develop and work within your professional knowledge and skills
  8. raise concerns if patients are at risk
  9. make sure your personal behaviour maintains patients confidence in you and the dental profession
38
Q

a complaint that has been forwarded to the GDC will be presented and considered by who

A

case examiner - who is part of the investigating committee

39
Q

how many members assess your case

A

2 members

1 lay
1 registrant

40
Q

what are the powers of the case worker

A
  1. take no action
  2. send a letter of advice
  3. agree undertakings
  4. issue a published warning, posted on GDC Register on website or unpublished
  5. send forward to a practice committee
  6. if cannot agree refer to full investigating committee
41
Q

can the interim orders committee erase you

A

no

they can order suspensions up to 18 months

42
Q

practice committees consist of which three committees

A
  1. professional conduct committee
  2. professional performance committee
  3. health committee
43
Q

what is insight

A

the capacity to gain an accurate and deep understanding of something

44
Q

what is remediation

A

the act or process of remedying something that is undesirable or deficient

45
Q

why is it important to the GDC you show insight and remediation

A

you need to demonstrate to the GDC that you now understand where you went wrong and that have remedied or are actively remedying the situation

46
Q

what are Examples of non-clinical & other issues considered by GDC

A
  1. Criminal charges
  2. Illegal practice
  3. Dishonesty
  4. Operating out with scope
  5. Professional disputes
  6. Behaviour on social media
47
Q

what is GDC guidelines on social media

A

Standard 9.1.3:

You should not publish anything that could affect patients’ and the public’s confidence in you, or the dental profession, in any public media, unless this is done as part of raising a concern.