Legal Flashcards
What two things must consent be
Valid and legal
Capacity (4)
- Make a reasoned decision
- Communicate the decision
- Understand the decision
- Retain memory of the decision
Principles of legal consent (3)
- Ability
- Informed
- Voluntary
Principles of valid consent (2)
- Ongoing
- Patient still agrees
Principles of negligence (4)
- Dentist owes a duty of care
- Duty of care breached (standard of care)
- Breach caused or materially contributed to damage (causation)
- Damage was reasonably foreseeable and had negative consequences
Principles of AWI act (5)
- Benefit
- Minimum necessary intervention
- Take account of the wishes of the adult
- Consultation with relevant others
- Encourage ‘residual capacity’
Assessing capacity (4)
- Keep language appropriate
- Break up information into segments
- Ask patient to explain to you what you have discussed
- Assess retention - ask at another visit
Welfare Power of Attorney (2)
Powers come into effect when the adult becomes incapable
Welfare power of attorney document must be seen and entered into dental notes
Continuing Power of Attorney
Only covers financial affairs and property
Who can consent to treatment (4)
- Patients with capacity
- Welfare powers of attorney
- Welfare guardians
- Dentists with special training (under section 47 of AWI act)
Can treatment be given if an adult does not have capacity or a proxy?
Yes if valid certificate of incapacity issued for treatment
AND
Principles of the AWI act are followed
What acts apply to disabled people in dental care (2)
Discrimination Act
Equality Act
What is the primary aim of an audit
To ensure healthcare standards are being met - Improve healthcare
Complaints Standards (3)
- Ensure there is an effective complaints procedure readily available for patients to use and follow it at all times
- Respect a patients right to complain
- Give complaints a prompt and constructive response
What is the primary aim of an audit
To ensure healthcare standards are being met - Improve healthcare