Healthcare Law and Professionalism

Question 1

The general dental council (GDC) inform the principle four: maintain and protect patients’ information, patients expect four things relating to the information given, what are they?

Answer 1

1. Their record to be up to date, complete, clear, accurate and legible.
2. Their personal details to be kept confidential.
3. To be able to access their dental records.
4. Their records to be stored securely

Question 2

What does the following constitute in clinical dentistry?

1. Name
2. Date of birth
3. Address
4. Telephone numbers
5. Doctors name and address
6. Dentist’s name and address
7. Details of relatives
8. Referral correspondence
9. Consent forms
10. Payment details

Answer 2

“data”

Question 3

What does the following constitute in clinical dentistry?

1. Clinical notes
2. Medical history
3. Social history
4. Alcohol consumption
5. Dental charting
6. Treatment plan
7. X-rays
8. Casts of teeth
9. Laboratory prescriptions

Answer 3

“Data”

Question 4

Data protection act 2018, stipulates there is a law around how personal data is processed including:

Answer 4

1. Collection
2. Storage
3. Use
4. Disposal
5. The above apply to both electronic and paper records.

Question 5

The data protection act 2018 has 7 principles, what are they?

Answer 5

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

Question 6

What is the responsibility of the data protection officer (DPO)?

Answer 6

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

Question 7

What is the responsibility of the information commissioner’s office (ICO)?

Answer 7

An independent authority which upholds information rights in the public interests, promoting openness by public bodies and data privacy for individuals.

Question 8

What is the responsibility of a Caldicott guardian?

Answer 8

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

Question 9

The definition “the ethical principle or legal right that a health professional will hold secret all information relating to a patient, unless the patient gives consent permitting disclosure” is known as what?

Answer 9

Confidentiality

Question 10

It is common law that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification, which two act protect personal information from being disclosed?

Answer 10

1. Human rights act 1998
2. Data protection act 2018

Question 11

What is patient confidentiality within a clinical dentistry?

Answer 11

1. A fundamental principle of dental ethics is that all information which passes between dental professionals and a patient in the course of professional relationship is secret.
2. You must observe the rules of professional secrecy by not disclosing voluntarily or inadvertently, to any third party, which has been learned directly or indirectly from the professional relationship.

Question 12

What is considered confidential information?

Answer 12

Information that, if disclosed, could reasonably be expected to place them at risk of criminal or civil liability, or be damaging to financial standing, employability, or reputation.

Any information that an individual patient would prefer to remain private.

Question 13

Why is maintaining patient confidentiality important?

Answer 13

GDC Standard 4.2.1: confidentiality is central to the relationship and trust between you and your patients. It is valued and expected in ANY situation where sensitive information is accessed or shared. It is the foundation of good dental practice.

Question 14

What is the statutory duty to breach confidentiality?

Answer 14

1. To aid identification of a driver in a road traffic accident.
2. An officer of NHS Scotland or your NHS Board (locally NHS Tayside)
3. Identification of missing/deceased person

Question 15

What reasons can you breach confidentiality in the public interest: the GDC advice

Answer 15

1. Where a patient puts their health and safety at serious risk
2. If you think that you have confidential information which would help prevent or detect a serious crime
3. Public health issues
4. Child protection/vulnerable adult

Question 16

If you must release confidential information what are the followings, you must consider?

Answer 16

1. Patient consent IF POSSIBLE – ideally in writing
2. Release the minimum information necessary for the purpose
3. Be prepared to justify your decisions/actions
4. Seek advice if in doubt

Question 17

Every healthcare professional must be open and honest with patients when something goes wrong with their treatment or care which causes, or has the potential to cause, harm or distress. This means that healthcare professionals must:

Answer 17

1. tell the patient (or, where appropriate, the patient’s advocate, carer or family) when something has gone wrong.
2. apologise to the patient (or, where appropriate, the patient’s advocate, carer or family);
3. offer an appropriate remedy or support to put matters right (if possible); and
4. explain fully to the patient (or, where appropriate, the patient’s advocate, carer or family) the short- and long-term effects of what has happened.

Question 18

Apologising to the patient is not the same as admitting legal liability for what happened. Who needs to make the apology in the dental team?

Answer 18

The most appropriate member.

Question 19

Depending on the wishes of the patient and your practice or workplace policy, you may need to follow up a verbal apology with a written one. If the incident is of sufficient seriousness to trigger the statutory duty, then which type of apology must be given?

Answer 19

a written apology must be given.

Question 20

It is essential to do what with your apology?

Answer 20

Record your apology in the patients notes

Question 21

What triggers a statutory duty of candour 1?

Answer 21

If the patient safety incident one that was ‘unintended or unexpected’

Question 22

What triggers a statutory duty of candour 2?

Answer 22

In the reasonable opinion of a registered health professional uninvolved in the patient’s care, did the incident appear to have resulted in, or could result in: Death Permanent lessening of function

Question 23

What triggers a statutory duty of candour 3?

Answer 23

In the reasonable opinion of a registered health professional uninvolved in the patient’s care, is the harm related directly to the patient safety incident rather than the natural course of the patient’s illness or underlying condition.