Healthcare Law & Professionalism Flashcards
(41 cards)
How would you first know you have had a complaint from the GDC and what action would you take?
You will get a letter from a GDC caseworker advising there is a fitness to practice. Do not respond to this and contact your indemnity.
How many case examiners are assigned to a complaint and what kind of examiners are these?
2 examiners per complaint - 1 non registrant and 1 registrant e.g dentist
What are the possible actions that case examiners can do in response to a complaint?
- Take no action
- Send a letter of advice
- Agree undertakings
- Issue a published warning, posted on GDC register on website
- Send forward to practice committee
What is the interim orders commitee? (IOC)
A commitee running separate to the GDC where a registrant can be referred to if they’ve had a GDC complaint. They cannot erase you however they can give suspensions of up to 18 months if public interest is of concern.
Name 3 practice committees.
- Professional conduct committee
- Professional performance committee
- Health committee
What test do the “Professional performance commitee” use to conclude there is impaired fitness to practice.
Two stage test:
1. Do the proven facts amount to misconduct?
2. Is the registrant’s fitness to practice currently impaired?
Name findings and sanctions that can apply after a GDC complaint.
- No misconduct found
- No case to answer
- No impairment
- Reprimand
- Conditions for up to 3 years
- Suspension from register of up to 12 months
- Erasure (cannot apply for restoration for 5 years)
How many days must you appeal within after GDC decision.
28 days
In what type of cases is misconduct often found in
Periodontal cases
If you can show that the current fitness to practice is; easily remediable, has been remedied and highly unlikely to be repeated then the registrants outcome could be less severe. True or false?
True
Give a definition of insight
Insight: the capacity to gain an accurate and deep understanding of something.
Give a definition of remediation
Remediation: The act or process of remedying something that is undesirable or deficient.
Give examples of how a registrant can show insight to the GDC
- Admission of deficiencies
- Reflective learning
Give examples of how a registrant can show remediation to the GDC
- Proof of CPD
- Audit
- Awareness of guidelines
- Peer review & mentor
- PDP/ reflective log improvements in records
Give examples of non-clinical and other issues considered by the GDC.
- Criminal charges
- Illegal practice
- Dishonesty
- Operating out with scope
- Professional disputes
- Behaviour on social media
Give examples of non-clinical and other issues considered by the GDC.
- Criminal charges
- Illegal practice
- Dishonesty
- Operating without of scope
- Professional disputes
- Behaviour on social media
Give examples of different ways you can refer a patient
- Electronically by standard form
- Letter
- Phone
- Secured emails
- Combination (phoning you don’t have evidence therefore follow up with email/letter)
- Dialling 999
Give examples for when you would provide an urgent referral
- Cancer is suspected
- Potentially airway threatening swelling
- Life-threatening sepsis
- Medical emergency in surgery
- Major child/ adult protection issue
- Suicide risk
You should find out about local referral pathways & criteria at your practice. Give examples of who you can refer to when referring a patient.
- Dental Hospital
- District general hospital
- Another GDP
- Private dental specialist
- General Medical Practitioner
- Other health professional
- Medical specialist (cardiology or haematology)
Name key features of a referral letter, what kind of information is essential to include?
- Contact details of patient
- State whether you are looking for advice or treatment?
- State priority - routine or urgent?
- Compact summary of major issues & history
- RELEVANT social/medical history
- Any other concerns you may have
- Relevant enclosures (Radiographs etc)
- Copying others in e.g GP
Describe when it would be useful to write to a patient using plain language rather than just verbally at their appointments.
- Useful for complex options
- When they wont take your advice
- Good for giving oral health advice
- Good part of the consent process (costs, risks etc)
Name different types of indemnity providers
- Discretionary (MDDUS, DPL, DDU)
- Insurance based (BDA, TDS)
- Crown indemnity (NHS hospitals)
- Corporate schemes (Oasis)
When changing indemnity, you must get indemnity which not only covers you for the treatment you are going to carry out but also the treatment you have carried out in the past. True or false?
True
In what situations would you contact indemnity for support?
- Complaints
- Claims for compensation
- Ethical issues
- Raising concerns
- Child protection issues
- CQC, NHS, Ombudsman
- Some professional disputes
- Reputational damage
- Employment Law advice (if owning a practice)
- GDC fitness to practice