Legal Flashcards

1
Q

What two things must consent be

A

Valid and legal

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1
Q

Capacity (4)

A
  1. Make a reasoned decision
  2. Communicate the decision
  3. Understand the decision
  4. Retain memory of the decision
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2
Q

Principles of legal consent (3)

A
  1. Ability
  2. Informed
  3. Voluntary
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3
Q

Principles of valid consent (2)

A
  1. Ongoing
  2. Patient still agrees
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4
Q

Principles of negligence (4)

A
  1. Dentist owes a duty of care
  2. Duty of care breached (standard of care)
  3. Breach caused or materially contributed to damage (causation)
  4. Damage was reasonably foreseeable and had negative consequences
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5
Q

Principles of AWI act (5)

A
  1. Benefit
  2. Minimum necessary intervention
  3. Take account of the wishes of the adult
  4. Consultation with relevant others
  5. Encourage ‘residual capacity’
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6
Q

Assessing capacity (4)

A
  1. Keep language appropriate
  2. Break up information into segments
  3. Ask patient to explain to you what you have discussed
  4. Assess retention - ask at another visit
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7
Q

Welfare Power of Attorney (2)

A

Powers come into effect when the adult becomes incapable
Welfare power of attorney document must be seen and entered into dental notes

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8
Q

Continuing Power of Attorney

A

Only covers financial affairs and property

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9
Q

Who can consent to treatment (4)

A
  1. Patients with capacity
  2. Welfare powers of attorney
  3. Welfare guardians
  4. Dentists with special training (under section 47 of AWI act)
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10
Q

Can treatment be given if an adult does not have capacity or a proxy?

A

Yes if valid certificate of incapacity issued for treatment
AND
Principles of the AWI act are followed

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11
Q

What acts apply to disabled people in dental care (2)

A

Discrimination Act
Equality Act

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12
Q

What is the primary aim of an audit

A

To ensure healthcare standards are being met - Improve healthcare

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13
Q

Complaints Standards (3)

A
  1. Ensure there is an effective complaints procedure readily available for patients to use and follow it at all times
  2. Respect a patients right to complain
  3. Give complaints a prompt and constructive response
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14
Q

What is the primary aim of an audit

A

To ensure healthcare standards are being met - Improve healthcare

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15
Q

Who can consent on behalf of the child (3)

A

Mother automatically
Dad if named on birth certificate or married to mum
These rights kept after divorce

16
Q

What should be discussed with patient before consent can be gained (6)

A
  1. Treatment options
  2. Risks and benefits of each
  3. Likely prognosis
  4. Recommended option
  5. What may happen if treatment isn’t carried out
  6. Material risks
17
Q

When is consent not required (2)

A

Emergency situation where consent cannot be obtained
Adults with incapacity under certain conditions

18
Q

What is a guideline

A

Systematically developed statement to assist practitioners and patients to make decisions about appropriate health care for specific circumstances

19
Q

What is an act

A

A piece of legislation that is the law

20
Q

What are regulations

A

Supplementary to acts
Formal guidelines

21
Q

What is a standard

A

Definable measure against which existing structure, processes or outcomes can be compared